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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.

Even 4th of July Fireworks Need a Contingency Plan

July 2, 2012
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I'm sure you have star employees without whom your business would suffer. Yet, do you know if they are content with their job? Or, do they feel underpaid, under-appreciated, or overworked? Tomorrow, one could walk out the door.
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Pop Quiz: Can You Condition a Job Offer on a Withdrawal of an EEOC Charge?

June 21, 2012
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I've written before how employers must treat pregnant employees the same (no better and no worse) as other employees based on their ability or inability to work.
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25 Million Reasons to Tell a Good Story

June 14, 2012
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It strikes me that likening KKK graffiti and a toy monkey with a noose around its neck as common 'trash talking' is a recipe for a disaster.
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Know When to Fish and When to Cut Bait

June 11, 2012
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Much like fishing, in dealing with marginally performing workers, employers must know when to fish and when to call it a day. And, much like our ship's captain, you usually don't quit at the first sign of failure.
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Ohio Joins the Fray on Employers Asking for Social Media Passwords

May 30, 2012
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This is not a problem that needs fixing. Companies simply aren't engaging in the type of conduct this bill seeks to legislate.
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Can a Poor Performance Review Count as an 'Adverse Action?'

May 21, 2012
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Traditionally, a negative performance review does not constitute an adverse employment action, unless 'the evaluation has an adverse impact on an employee's wages or salary.' Or does it?
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I Don't Like This Opinion; Facebook 'Like' as Free Speech?

May 15, 2012
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I could comfortably retire if I had a dollar for every time in my career that I have heard, 'But I have a right to free speech; I can say what I want and not get fired.'
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The FMLA and the Honest Belief Rule: Monitoring Leave of Absence Abuse

May 10, 2012
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I am not suggesting that you surveil every employee who takes leave from your workplace. Without a good faith belief supporting the surveillance, a court could conclude that your actions are unlawful.
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