Why I’m a management-side lawyer

Every now and again it’s worth pulling a post out of the archives for a rerun.

Today, I look all the way back to April 15, 2008, for one of these reruns, to answer the question—

Why am I a management-side attorney?

Is employee copying of documents protected activity or unlawful stealing?

It’s a situation that plays out all too often. An employee emails a slew of documents to a personal email address, or drags them into a personal Dropbox, or copies them to a stick drive.

Your first instinct is to assume that the employee is engaged in something nefarious, fire the employee, and even sue for misappropriation of trade secrets/confidential information.

But might there be something else going on? What if, instead of competing against you, the employee is preparing to go to battle against you in a discrimination lawsuit?

Does an employee have a right to copy your documents to prepare a discrimination lawsuit?

SNL tackles #MeToo, but what should you do when employees discuss #MeToo at work?

How do you discuss sexual harassment and other sexual misconduct with your friends and colleagues?

Saturday Night Live, in one of its most brilliant sketches in a long time, offers a suggestion.


Or, rather, a suggestion not to have the conversation at all.

WIRTW #491 (the “rage” edition)

Last Friday, Fake ID played to a packed house at The Symposium, an old school rock club in Lakewood, Ohio. And, they absolutely brought down the house. Here’s their set closer, Rage Against the Machine’s “Killing in the Name.”


Why am I posting of video of a bunch of teen and preteen kids playing music? For starters, my daughter is the lead singer, and I think they’re very worthy of sharing.

Also, Fake ID teaches us a couple of employment lessons.

Age is not a valid predictor for success. Fake ID is comprised of two 11 year olds (including Norah) and three 14 year olds. In my opinion, they perform well above their young ages suggest. Don’t judge your employees, or prospective employees, by their age, judge them on their abilities and talents, whether old or young.

Talent is not a substitute for hard work. What impresses me most about how well Fake ID performs isn’t the performance, but all of the time and effort they put in to honing it. Lots of great talent wastes away by laziness and apathy. Your best employees will be the ones that work the hardest, period.

You have one more chance to catch Fake ID live this month, at Sky Zone Highland Heights, tomorrow, January 27, from 7 - 8:30 pm. No cover for the music, regular jumping rates apply.

Here’s what I read this week.

The Wile E. Coyote method of noncompete litigation

Wile E. Coyote. Forever chasing the Roadrunner. Always ending up falling off a cliff or crushed under a giant boulder.

Noncompete litigation. Sometimes you win an injunction. Sometimes the court drops a big boulder on your head.

Employee leave rights and the flu

I’m typing today’s post from my bed, where I convalesce with the flu.

Since I’m at home with the flu, I thought it worthwhile to discuss the leave-of-absence rights of employees with this illness.

Walmart (yes, Walmart) has now done more for worker rights than the U.S. government

Image by Sven via Wikimedia Commons

Earlier this month, Walmart announced sweeping additions to how it compensates its employees.

The 3rd nominee for the “worst employer of 2018” is … the camera creep

The third nominee for the Worst Employer of 2018 might be the creepiest I’ve shared yet.

From the Tampa Bay Times (c/o the ABA Journal):

Attorney James Patrick Stanton, accused of secretly videotaping nude and partially clothed female employees of a Tampa company, has agreed to never practice law again in Florida. 

WIRTW #490 (the “hilarious world of depression” edition)

Mental illness, especially among our youth, is an issue about which we do not pay nearly enough attention (to wit: this week’s suicide of Washington State quarterback Tyler Hilinski).

Today, I recommend that everyone check out The Hilarious World of Depression podcast.

The Hilarious World of Depression is a series of frank, moving, and, yes, funny conversations with top comedians who have dealt with this disease, hosted by veteran humorist and public radio host John Moe. Join guests … to learn how they’ve dealt with depression and managed to laugh along the way. If you have not met the disease personally, it’s almost certain that someone you know has, whether it’s a friend, family member, colleague, or neighbor. Depression is a vicious cycle of solitude and stigma that leaves people miserable and sometimes dead. Frankly, we’re not going to put up with that anymore. The Hilarious World of Depression is not medical treatment and should not be seen as a substitute for therapy or medication. But it is a chance to gain some insight, have a few laughs, and realize that people with depression are not alone and that together, we can all feel a bit better.

As a launching point, I recommend the January 2 episode featuring Rhett Miller (who also wrote and performs the podcast’s theme song, about “the world’s greatest clown”). Rhett talks frankly about his own teenage suicide attempt and how music saved his life. It’s a supremely worthwhile listen from one of the world’s great songwriters, and an all around good guy.

Here’s what I read this week:

Employee’s refusal to take drug test dooms discrimination claim

Can an employee, terminated for refusing to submit to a “reasonable suspicion” drug test, sue the employer for discrimination?

According to one recent federal district court opinion (and good ol’ common sense), the answer is no.

Employers win when they support the Sandwich Generation

I am declaring today New Year’s Day 2.0.

To put it bluntly, the first 16 days of 2018 sucked. I need a do over.

This has been my 2018 to date.

How likely are you to sexually harass?

Are you tired of seeing your Facebook feed littered with the results of your friends’ quizzes, with titles such as, “Which Game of Thrones Character are You?” or “Which Disney Couple Defines You?”

Well, I have one more quiz for you to take, and this one may just pique your interest.

It’s the Likelihood to Sexually Harass quiz.

Today’s America would deeply disturb Dr. MLK

A date appropriate reminder that our nation works better when our leaders seek to unite rather than divide.


We should strive to take these words to heart.

WIRTW #489 (the “on tour” edition)

It’s been awhile since I’ve posted a family rock ‘n’ roll update, so here it goes.

If you’re in the Cleveland area, you have three chances to catch Fake ID this month.

The Sky Zone shows are free. Tickets for the Symposium show are $6.

To stay updated on all things Fake ID, you should follow them on Facebook, Instagram, and YouTube.

Here’s what I read this week:

An argument for a more reasonable bereavement leave policy

I’ve been thinking a lot lately about death.

These past few days have been the first time I’ve had to deal with it on a family level as an adult. And there’s a lot to think about.

And it’s not just the grieving, and the crying, and the mourning.

It’s also time.

The 2nd nominee for the “worst employer of 2018” is … the arresting school board

There are lots of correct ways to respond to employee complaints.

Handcuffing and arresting the employee is most definitely NOT one of them. 

Yet, this is exactly what the Vermilion, Louisiana, school board did when a teacher, Deyshia Hargrave, tried to raise concerns at a board meeting about a proposed raise for her boss, Superintendent Jerome Puyau.

Thus, I have nominated this employer as the Worst Employer of 2018.

Sadness

We are incredibly sad today, as my mother-in-law passed away. Norah told me that her head was swimming and that she couldn’t process her emotions. I told her that while I couldn’t tell her how she should feel, I could share with her how I was feeling — sad, because I loved her and will miss her terribly, but also happy and blessed, because I got to have her as part of my life for the past 16 years.

A post shared by Jon Hyman (@jonhyman) on Jan 4, 2018 at 5:47pm PST

I’ll be back in the blogging mood sometime next week.

A real stinker of an ADA lawsuit

Amber Bridges, the former Lead Staff in the City of Indianapolis Magistrate Court, claims that her efforts to ease employees’ complaints about a co-worker's body odor got her fired.

When employees and staff members began to complain about the co-worker’s “chronic body odor,” Bridges installed air fresheners throughout the office.

Months later, however, the malodorous employee complained to her boss that the air fresheners created a hostile work environment. As a result, the City fired Bridges.

We have now entered the harassment-overreaction phase

When one of your biggest stars loses his high-profile job in one the year’s biggest sexual harassment scandals, how to you react?

With a brand new, and painfully detailed, anti-harassment policy.

The 1st nominee for the “worst employer of 2018” is … the holy harasser

The inaugural nominee for the Worst Employer of 2018 is a doozy.

I bring you (courtesy of the New York Post) the holy harasser.