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Articles by Jon Hyman

How to Draft a Legal Retaliatory Waiver of EEOC Rights

September 22, 2014
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The proper way to draft an arbitration agreement, or other agreement that waives certain rights or remedies, is to carve out EEOC charges.
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Federal Judge Dismisses EEOC Severance Agreement Lawsuit Against CVS

September 19, 2014
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When the EEOC filed this lawsuit earlier this year, I exclaimed that a ruling for the agency could be ruinous for employers. Kudos to this judge for recognizing the folly of the EEOC’s position.
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A Diverse Workforce is the Best Defense for a Discrimination Claim

September 18, 2014
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What’s the best defense to a discrimination claim? Hire others in the same protected group.
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Don’t Fish for Return-to-Work Medical Info Under the ADA

September 16, 2014
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The moral of this story is to confirm, but don’t fish, when seeking medical information from an employee returning to work following a medical leave of absence.
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Four Lessons in Talent Management From 'Cutetallica'

September 15, 2014
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Jon Hyman offers four talent management tips after watching his 8-year-old daughter's rock band Cutetallica perform last weekend.
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Do Your BYOD Employees Understand the Remote-Wipe?

September 11, 2014
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The employer must have the ability to remote-wipe an employee's BYOD device to remove its data.
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We Are Always Being Watched: Ray Rice and Workplace Investigations

September 10, 2014
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It is a brave new world of workplace investigations. He-said/she-said has been replaced by “let’s go to the tape.”
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Protected Activity Doesn’t Protect Against Poor Performance

September 9, 2014
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Protected activity does not per se protect a poor performer from termination, provided that you can demonstrate a history of treating similarly situated poor performers similarly.
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Is This the End of the Independent Contractor as We Know It?

September 8, 2014
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While this case does not necessarily spell the end of the independent contractor, it very well could be the beginning of trend of cases leading down this path.
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Pull Over the Potty Police

September 3, 2014
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Unless employees seem to be abusing bathroom rights, or breaks interfere with performance or production, let them be.
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