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The Practical Employer

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Helping employers navigate the complicated and ever-changing world of employment and labor laws, rules, and regulations, rationally and pragmatically.

Email Surveillance as Evidence of Retaliation

May 22, 2013
If you are going to enforce a policy or exercise some employer right (like surveillance of corporate email or computer systems), do it consistently, not selectively and only after an employee complains about discrimination. Otherwise, you could change a legal and reasonable act into evidence of unlawful retaliation.
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Social Media is the Digital Water Cooler

May 21, 2013
Employees still might gather around the lunch table or coffee machine to gossip about work, but they are also just as likely, if not more likely, to carry over those conversations outside of the workplace through their personal social media accounts.
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Patriots Cutting Diabetic Player Raises Serious ADA Issues

May 16, 2013
It is an understatement to characterize this termination—undertaken without any apparent consideration of whether the team could accommodate the diabetes—as high risk. It would not surprise me in the least if, given the high profile nature of this employment decision, the EEOC takes up Kyle Love's cause to further its mission of disability-rights awareness.
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How Much Does it Cost to Defend an Employment Lawsuit?

May 14, 2013
Defending a case through discovery and a ruling on a motion for summary judgment can cost an employer between $75,000 and $125,000. If an employer loses summary judgment (which, much more often than not, is the case), the employer can expect to spend a total of $175,000 to $250,000 to take a case to a jury verdict at trial.
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EEOC Sues Company for Forced Practice of Scientology

May 13, 2013
If any of the EEOC's allegations in the lawsuit are true, the agency is going to have an easy time winning this case, which serves a good reminder that an employer cannot force its employees to conform to, follow, or practice, the employer's chosen religious practices and beliefs.
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