There is nothing wrong with employees dating. Nothing good, however, comes from a boss having relations with a subordinate employee, especially one who is a direct report.
Proving a negative is the most difficult position for an employer, and, often, the most expensive for an employer to defend.
Employers should create a data-retention policy that describes generally how it will retain such data, and limit when such records can be deleted.Read More
Employers shouldn’t be the potty police. When an employee has to go, an employee has to go. Unless an employee seems to abusing bathroom rights, let employees be.Read More
Despite the belief of some that the NLRB is pushing the bounds of what qualifies as protected concerted activity vis-à-vis social media, one universal truth remains the same—liars do not win cases.Read More
How a court frames who is, and who is not, “similarly situated” can be dispositive of the issue of discrimination. For this reason, it is wise to examine any potential similarly situated employees for similar or dissimilar treatment under like circumstances before taking action against a protected employee.Read More
Facebook, Twitter, and other social media channels can prove to be treasure trove of protected information—information about an employee's personal and family medical issues, religious issues, genetic information, and, like this case, protected complaints about discrimination.Read More
When there exists any doubt over whether an employee is seeking time off for a reason that could qualify under the FMLA, there is no harm in treating the request as one for FMLA leave.Read More
An employee who begs to be fired cannot seek satisfaction when her employer takes her up on her offer.Read More
Talk about a tough position in which to place an employer. Does the employer violate state law or violate Title VII? Ultimately, I think the correct answer should be neither.Read More