Archive for the ‘Termination, Discipline’ Category
COVID-19 GETS NOTICED
As reported in “Federal Coronavirus Workplace Relief,” the March 18 Families First Coronavirus Response Act (FFCRA) contains two nationwide employee leave laws, the Emergency Paid Sick Leave Act (PSL Act) and the Emergency Family and Medical Leave Expansion Act (EFMLA). In essence and applicable to businesses with fewer than 500 employees: The PSL Act requires […]
UNEMPLOYMENT GOES VIRAL
Furlough Versus Layoff: A Distinction Without a Difference? The Coronavirus crisis has forced many employers to reduce or eliminate their work force for the foreseeable future. Some employers are characterizing such action as a temporary “furlough.” Others are framing such action as a “lay off” for the time being, until the calamity passes. Yet, for […]
HOLDING FIRM
As a close observer of the 2014-2015 Ebola outbreak from my West African work, the most precious commodity in the current pandemic is knowledge. Please consider this eight-minute COVID-19 video for a concrete understanding of the actual challenge we all face and the simple actions necessary to place this ordeal firmly in the rear view […]
“AT WILL” EMPLOYMENT A THREE-MINUTE HISTORY
A concept born with the 1800s Industrial Revolution , “at will” employment is proclaimed to survive in every American state except Montana as the right of either employer or employee to terminate their relationship for any or no reason at any time, with or without advance notice. Yet, the principle has changed significantly over the […]
WHAT’S NEW IN 2020 TIME’S UP, EXTENDED
Longer Three-Year Deadline For Initiating Discrimination Claims Targets of workplace discrimination, harassment and retaliation prohibited by California’s Fair Employment and Housing Act (FEHA) now have three years (up from the previous one year) to file a claim with California’s Department of Fair Employment and Housing (DFEH) against the subject employer. A person claiming such wrongful […]
BOSS SAUCED
Senior Managers Must Prevent Supervisor Harassment, Discrimination It is illegal for employers to discriminate against or harass employees because of age, national origin, and other protected classifications. An employer that terminates an employee for such reasons can anticipate a lawsuit for wrongful termination. Also, an employee resignation due to a discriminatory work environment created or […]
CAUTIONARY TALE EPISODE 33
CHOKE THE “JOKES” EEOC Settles Tex-Mex Restaurant Servers’ Sexual Harassment Case for $40,000 The U.S. Equal Employment Opportunity Commission (EEOC) enforces federal laws prohibiting employment discrimination and harassment based on sex, including sexual orientation. On August 9, 2019, the EEOC announced the $40,000 resolution of its harassment lawsuit against Virginia-based El Tio Tex- Mex Grill […]
CAUTIONARY TALES EPISODE 28
EEOC Settles Female Miner Discrimination and Retaliation Case For $690,000 The U.S. Equal Employment Opportunity Commission (EEOC) has announced the $690,000 resolution of its gender-based lawsuit against Alaska gold mining outfit Northern Star LLC, formerly Sumitomo Metal Mining Pogo (Pogo). The government alleged Pogo discriminated against female underground miner Hanna Hurst by refusing to promote her despite promoting male […]
BE KIND TO MOMMIES
Pregnancy Discrimination Is a Really Bad Idea Pregnancy remains one of the most clearly protected classifications for employees, safeguarded not only under general disability laws, but also under laws enacted specifically to protect expectant women. See, for example, Pregnancy Accommodation in California (Nov 2018); Employers with 20 or More on Payroll Must Provide Expanded […]
DEALING WITH THE WORKPLACE “DEBBIE DOWNER”
Properly Confronting the Chronically Negative Employee According to Wiktionary.org, a “Debbie Downer” is a “naysayer; one whose negative remarks depress or dissuade others.” Most seasoned managers will be all too familiar with how one negative individual can bring down the entire workforce’s morale. Employers are often reluctant to terminate someone just for a negative attitude, […]