NLRB Holds Employee Does Not Have a Right to a Particular Union Rep During Investigation
Mar 23, 2011
An employee, Odell Clarke, was asked to participate in an employer's investigation of sexual harassment. Clarke, a union member, refused to provide a statement to the Respondent's district manager, Mel...
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Denied Unemployment Compensation Because of "Misconduct"
Mar 22, 2011
When a person, known as a "claimant," files for unemployment insurance in Wisconsin, the first question is whether the person quit or was terminated. If the claimant was terminated, then the issue is w...
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5th Circuit Joins 3rd Circuit in Holding Private Employers May Reject Applicants Based Upon Bankruptcy Filing
Mar 22, 2011
At the very end of last year the Court of Appeals for the Third Circuit in Rea v. Federated Investors, No.2 -09-cv-01205 (3d Cir. Dec. 15, 2010) held that Section 525(b) of the Bankruptcy Code cannot b...
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7th Circuit Provides More Guidance Regarding Employee's Obligation to Provide Notice of FMLA Leave
Mar 21, 2011
A sales representative, Robert Righi, at a company in Illinois, SMC Corp., was at a mandatory training seminar in Indiana when he suddenly learned that his mother had a medical emergency. In response, ...
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Why requiring a doctor's excuse from employees when they are sick is a bad idea
Mar 13, 2011
Robin Shea over at Constagy, Brooks & Smith's blog has an interesting post on 5 reasons employers should not require a doctor's note when they call in sick for a minor illness (e.g., flu, cold, sore th...
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Did Employer's Constant Phone Calls to Employee Violate FMLA Rights?
Mar 13, 2011
A federal district court in Arkansas recently had to decide whether it is interference of the Family and Medical Leave Act ("FMLA") for an employer to repeatedly call an employee on FMLA leave and alwa...
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Top 10 Employment Laws That Don't Exist...But Maybe Should?
Mar 13, 2011
Wrongful termination If you live in Arizona or Montana, your employer can only fire you for just cause. Otherwise, they can fire you for any reason or no reason at all. They don’t have to have a good...
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Tips for Dealing with Workplace Bullying
Mar 13, 2011
Dr. Michelle Callahan has an article on The Huffington Post about workplace bullying and how to deal with it in ten tips. Interestingly, women appear to be the biggest perpetrators of workplace bullyin...
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Cat's Paw Theory of Employment Discrimination
Mar 05, 2011
Definition: where an adverse employment action (e.g., termination/firing) by a "clean," non-discriminating upper-level executive is alleged to have been infected by a lower-level supervisor who had dis...
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US Dept. of Health and Human Services Issues First HIPAA Penalty of $4.3 Million
Mar 05, 2011
The Privacy Rule of the Health Insurance Portability and Accountability Act of 1996 (HIPAA) became effective in April 2003 and only now, in 2011, is the HHS issuing its first first civil monetary penal...
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