Best remedy for sick day abuse is a clear policy
In a 2006 episode of The Office , Dwight goes undercover to spy on co-worker Oscar when he suspects sick day abuse. He discovers that Oscar...
Court concludes that “common slang” does not violate non-disparagement clause in severance agreement
By Jon Hyman
I’ve seldom, if ever, negotiated a separation or settled an employment dispute for an employer without insisting that a non-disparagement cl...
Do you know? The DOL is encouraging employee covert ops in your business
By Jon Hyman
Six months ago, I wrote about the Department of Labor’s Wage & Hour Division’s launch of a one-stop web portal, We Can Help . Its state...
Court compels production of social networking user names, logins, and passwords, and dispels any notions of personal privacy
By Jon Hyman
As I’ve recently discussed ( Discovey of Social Networks in Employment Disputes and More on the Lack of Privacy in Social Media ), social n...
WIRTW #149 (the work / family edition)
By Jon Hyman
October is National Work & Family Month . In it’s honor, I bring you three posts I read this week celebrating this cause: Euro...
EEOC holds public hearing on credit histories and employee selection criteria
By Jon Hyman
Yesterday, the EEOC held a public hearing on the use of credit histories as selection criteria in employment. It heard testimony from repres...
I wonder if these kids will need extra harassment training when they grow up?
By Jon Hyman
Seen yesterday at AT&T Park, as photographed by The700Level.com : Better sign these kids up now for the anti-harassment power cour...
Do you know? Litigating disputes in court does not always make business sense
By Jon Hyman
I believe that litigation is the worst possible way to settle disputes. This may come as a shock, considering that I am a litigator and tria...
Interesting data in latest litigation trends survey
By Jon Hyman
Law firm Fulbright & Jaworski has released its 6th annual Litigation Trends survey (you can also read my thoughts on the 2009 survey ...
WIRTW #148 (the “people sue for the darndest things” edition
By Jon Hyman
Three stories caught my eye this week: Lawsuit of the Day: Pass the Wooden Dildo, Please (via Abovethelaw.com), Gay Skydiving Instructor ...
Does FLSA’s anti-retaliation provision cover oral complaints? The Kasten v. Saint-Gobain oral argument
By Jon Hyman
Yesterday, the U.S. Supreme Court heard oral argument in Kasten v. Saint-Gobain Performance Plastics ( transcript available from Supreme Cou...
A trial lawyer’s worst nightmare: a story from the trenches
By Jon Hyman
I was defending a contentious age discrimination case. At trial, the plaintiff called as her first witness the president of the small non-pr...
Do you know? Ten tips for effective litigation holds
By Jon Hyman
The purpose of a litigation hold is to stop the destruction of potentially relevant or discoverable documents and information pursuant to a ...
A lesson from Columbus Day
By Jon Hyman
When I took the dog out for her morning walk, I noticed a newspaper in my driveway. You might not think that is all that remarkable, but wh...
ADA podcast is now available from The Proactive Employer
By Jon Hyman
Last Friday, I had the privilege of participating in a roundtable discussion on disability discrimination , hosted by Stephanie Thomas as p...
WIRTW #147 (the SCOTUS preview edition)
By Jon Hyman
This week marked the beginning of the Supreme Court’s October 2010 term, which has three important employment cases on its docket. ...
Firing by voicemail isn’t illegal, but…
By Jon Hyman
Joyce Gaskins sued The Mentor Network-REM following her termination. REM’s cardinal sin that led to the filing of this lawsuit was that it ...
Shifting reasons for terminations could leave your business all wet
By Jon Hyman
It only took the U.S. Ryder Cup team a few holes in the pouring rain Friday to realize that their rain suits were not as water-tight as the...
Do you know? Expanded ADA may now cover obesity discrimination
By Jon Hyman
The EEOC has sued a Pennsylvania-based nonprofit, claiming that its termination of a severely obese employee violated the ADA . Traditionall...
Off to see the Chamber, the wonderful Chamber of Commerce
By Jon Hyman
Today, I am traveling to Columbus for the Ohio Chamber of Commerce’s Employment Law Committee meeting. For the uninitiated, the Ohio Chambe...
WIRTW #146 (the trendy edition)
By Jon Hyman
True confession time. I never really considered myself hip. In fact, if you knew me in high school (the bastion of all things hip), you woul...
Honoring National Disability Employment Awareness Month on the Proactive Employer podcast
By Jon Hyman
October is National Disability Employment Awareness Month. Tomorrow, to mark its first day, I’ll be recording on a special one-hour installm...
Productivity, yes; sleeping on the job, no
By Jon Hyman
© Greg Hartmann Tony Schwartz, writing at the Harvard Business Review's The Conversation Blog , thinks that employees would be mor...
Grooming and appearance policies continue to make headlines as fulcrum of religious discrimination lawsuits
By Jon Hyman
Grow your dreadlocks Don’t be afraid of the wolf-pack A tell you, one man a walkin’ And a billion man a sparkin’ ...