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Showing 59 posts from 2012.

Use of Performance Reviews in Defense of Discrimination Claims

March 26, 2012
Posted In Employee Performance Reviews, Employee Personnel Files, Employment Law, Workplace Discrimination, Harassment and Retaliation

Two recent decisions from the Sixth Circuit Court of Appeals highlight the importance of record-keeping in defending discrimination claims.  In each of these two cases, the plaintiffs raised claims of age discrimination, but were unsuccessful in their claims largely due to the fact that their performance reviews and other documents in their personnel files supported the employers’ legitimate reasons for the employment decisions. More >

High School Diploma Requirements, Potential Violations of the Americans with Disabilities Act?

March 22, 2012
Posted In Employment Discrimination Laws, Employment Law, Informal Discussion Letter (“EEOC Letter”), U.S. Equal Employment Opportunity Commission (“EEOC”)

Recently, the U.S. Equal Employment Opportunity Commission (“EEOC”) issued an Informal Discussion Letter (“EEOC Letter”)[1] which opined that employers who require high school diplomas as a minimum standard for job applicants, and who often advertise as such, may be in violation of the Americans with Disabilities Act, because they screening out individuals who are unable to graduate because of a learning disability.  Though Informal Discussion Letters give guidance regarding a particular inquiry and are not binding precedent, this letter serves as a wake-up call for employers of skilled and unskilled workers alike, who have long considered a high school diploma requirement to be a minimal, achievable and useful standard to ensure that its workforce possesses basic reading, writing and math skills. More >

Employers Are Demanding Facebook Passwords—Should They?

March 21, 2012
Posted In Employee Contracts, Employment Law, Internet & Media Law, Internet Defamation, Social Media

It’s hard to miss the latest news reports.  Employers around the country are demanding Facebook passwords from both applicants and current employees in order to monitor employee activity.  While the allure is understandable – in this day and age, almost any negative internet-based comment about an employer can be found by customers, clients and potential employees – the real question is, should an employer take such a drastic step?  Probably not. More >

Plan Ahead – The Lesson of Fighting Unemployment Benefit Claims

February 20, 2012
Posted In Employee Contracts, Employment Law, Hiring and Firing, Unemployment Benefits

Few things are more frustrating for an employer than terminating an employee for cause due to violation of company policy, be it for failing a drug test or some form of misconduct, and then that employee being awarded unemployment benefits. We here at McBrayer PLLC find this result to be all too common, and then it is typically an uphill battle to overturn the award.  In many instances, the problem lies not in the award itself, but in the lack of foresight and preparation which preceded the termination of the employee.  If the first time the issue of unemployment benefits is addressed is post-termination, then the key moment to address the issue has likely been lost.  More >

The Physician Employment Trend Continues

February 8, 2012
Posted In Employee Contracts, Employment Law

As healthcare reform continues to be implemented, the trend toward clinical integration and consolidation also continues and will be a defining characteristic of healthcare delivery in the years ahead.  One critical component of clinical integration and consolidation has been health systems employing physicians to form large multi-specialty groups to serve the patient population.  Physicians contemplating entering into an employment relationship with a hospital or health system must examine a number of critical issues before entering into an employment agreement. More >

Retaliation by Association

February 6, 2012
Posted In Employment Discrimination Laws, Employment Law, Retaliation by Association

Last January, the U.S. Supreme Court expanded those protected under the retaliation provisions of Title VII and included employees who have a close family relationship to a person who has made a complaint of discrimination.  Previously, only those persons who actually made or supported a complaint were protected by law.  However, in Thompson v. North American Stainless, the Supreme Court unanimously held that it is an unlawful employment practice to fire or otherwise retaliate against an employee's "close family member" who has filed claim of discrimination.  In Thompson, two employees were engaged to one another.  The female co-worker filed a claim of discrimination against her supervisors and subsequently, the male was fired.  The male filed a claim of retaliation under Title VII claiming that his termination was in retaliation for his fiancée's discrimination complaint. While the Sixth Circuit held that he did not state a claim under the statute as one who "engaged in protected activity," the U.S. Supreme Court reversed holding that the anti-retaliation provisions protect conduct that may dissuade a worker from making or supporting a charge of discrimination.  As applied in this case, the Court determined that the female co-worker may have been dissuaded from making a claim of discrimination if she knew that her fiancée could be fired as a result.  This case gives a cause of action to the "close family member" for retaliation and opens employers up to additional liability. More >

NLRB Postpones Posting Notice Rule to April 30, 2012

January 25, 2012
Posted In Employee Contracts, Employment Law, National Labor Relations Act

The National Labor Relations Board (“NLRB”) officially announced that its implementation deadline for the new notice-posting rule has been postponed from January 31, 2012 to April 30, 2012. The NLRB issued a press release stating that it agreed to postpone the implementation of the rule per the request of a Washington D.C. federal court before which a legal challenge regarding the rule is pending. In a notice posted on its website, the NLRB announced: More >

Hosanna-Tabor Evangelical Lutheran Church and School v. EEOC, et al.

January 13, 2012
Posted In EEOC, Employee Contracts, Employment Discrimination Laws, Employment Law, Hosanna-Tabor Opinion

This week the US Supreme Court issued an opinion which has been touted by some as a huge win for religious institutions in the United States, and which has already been spun by certain political pundits as a roadblock to Federal government intrusion.  While certainly significant, the scope and fallout from Hosanna-Tabor Evangelical Lutheran Church and School v. Equal Employment Opportunity Commission, et al., 556 U.S. ___ (2012),[1] Slip Opinion No. 10-553 (January 11, 2012), is unknown, and may be less momentous than some hoped.  More >

It’s a New Year—Time to Review Your Employment Policies

January 3, 2012
Posted In Employee Contracts, Employment Law, Family and Medical Leave Act (“FMLA”), Social Media

Happy New Year!  In the spirit of out with the old and in with the new, now is a great time to review your employment policies and see if it’s time for an update.  Depending on your business, any one of the policies may need to be drafted or updated: More >

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