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Showing 21 posts in Employee Misconduct.

Abusive or Offensive Language? NLRB Says “@#$% No” to Section 7 Protection

By Claire M. Vujanovic on July 24, 2020
Posted In Employee Misconduct, Employment Law, Human Resource Department, Labor Law, National Labor Relations Act (NLRA), National Labor Relations Board (NLRB), Unfair Labor Practice, Workplace Discrimination, Harassment and Retaliation

On July 21, 2020, the National Labor Relations Board (“NLRB”) issued an important decision in General Motors, LLC and Charles Robinson, modifying the standard to be used in determining whether an employee has been unlawfully disciplined or discharged for abusive or offensive statements or conduct while engaged in protected concerted activity under Section 7 of the National Labor Relations Act (“NLRA”). This decision is intended to provide needed clarity and give employers more leeway in disciplining employees for egregious misconduct and upholding existing anti-discrimination laws and policies. More >

Tags: employment law, employment law for employers, NLRA, NLRB, Section 7

Sexual Harassment Mistakes Employers Make

By Cynthia L. Effinger on April 9, 2015
Posted In EEOC, Employee Misconduct, Title VII of the 1964 Civil Rights Act

Sexual harassment claims can quickly become a nightmare for employers, but so many aspects of the nightmare are caused in part by the employer’s own actions. The employer has opportunities to mitigate the damage in two key areas – the sexual harassment policy itself before the alleged harassment incident and the investigation that takes place afterword. This post will look at mistakes made in these two particular areas that can hurt employers and lead to potentially costly damages. More >

Case to Watch: Integrity Staffing v. Jesse Busk

October 27, 2014
Posted In Employee Misconduct, Employment Law, Security Checks

The U.S. SGavel on court deskupreme Court recently heard oral arguments in a case where the fundamental question concerned whether employers have to pay workers for time spent undergoing security checks as part of their entering and or exiting the workplace. The outcome of this case will likely affect how hourly employees are compensated for tasks outside their regular work shift. More >

Digital “Off-the-Record” Conversations?

March 3, 2014
Posted In Employee Handbook, Employee Misconduct, Employee Performance Reviews, Employment Law, Human Resource Department, Internet & Media Law, Internet Defamation, Job Requirement, Online Account Protection, Online Defamation, Social Media, Social Media Policies

Employers and business professionals are no strangers to “off-the-record” conversations and closed-door meetings. In today’s world, though, many long for a way to converse online without a permanent record of the conversation existing somewhere out there in Internet-land. New apps have responded to this need; think Snapchat (the popular app that allows users to set a predetermined time for how long recipients can view their photos) for text messaging. TigerText, Wickr, and Confide are just some of the self-destructing text apps that have recently emerged. Businesses, however, should proceed with caution when using these – they could not only present an air of impropriety but also be a legal hazard. More >

Dealing with the DOL at Your Door, Part I

February 3, 2014
Posted In Employee Misconduct, Employee Personnel Files, Employment Law, Federal Department of Labor, Hiring and Firing, House Labor and Industry Committee, Human Resource Department, Kentucky Labor Cabinet, Kentucky Wage and Hour Act, Supervisor, U.S. Department of Labor, Wage and Hour

The United States Department of Labor (“DOL”) conducts workplace inspections for potential violations of wage and hour laws. Employers often place frantic telephone calls to their lawyer when an investigator from the Wage and Hour Division (“WHD”) knocks on their door for good reason: a DOL investigation should be  taken seriously. Any last-minute attempt to pass muster typically falls short, and leaves an employer in violation of wage and hour laws which may subject them to hefty fines. A violation can result in wage restitution, interest, and liquidated damages.  Preparedness is key, and an employer’s institution of the following five guidelines can drastically improve their position should the DOL initiate an investigation. More >

Foul on the Play: When Bullying in the Workplace Is Real

November 26, 2013
Posted In Bullying, Employee Handbook, Employee Misconduct, Employment Law, Litigation, NFL Bullying Scandal, Violence

When Miami Dolphins player Jonathan Martin made allegations that veteran teammate Richie Incognito had bullied and hazed him so badly that he had no choice but to leave the team, the NFL was collectively stunned. Bullying in professional football? Can such a thing exist? More >

Facebook Friends & Workplace Enemies, cont.

November 13, 2013
Posted In Ehling v. Monmouth-Ocean Hospital Service Corp., Employee Misconduct, Employment Law, Social Media, Social Media Policies, Social Privacy Laws

On Monday, I provided details about the Ehling case wherein an employee had made an inappropriate Facebook post and, unbeknownst to her, had that Facebook post sent to her manager by a Facebook “friend” and coworker. More >

Facebook Friends & Workplace Enemies

November 11, 2013
Posted In 2013), Employee Misconduct, Employment Law, Federal Stored Communications Act (“SCA”), Internet & Media Law, Litigation, Social Media, Social Media Policies, Social Privacy Laws

Inappropriate Facebook posts, pictures and the like have led to many firings in recent years. A large number of employees have become smarter on social media and made a concerted effort to not “friend” a manager or boss. They think that they are keeping their online persona and work reputation separate…but is that really possible when dealing with the Internet? More >

Crying Over Spilled Milk: What Companies Can Learn from the Paula Deen Disaster

July 15, 2013
Posted In Crisis Management, Defamation, Employee Hazards, Employee Misconduct, Employment Law

Paula Deen may be the most recent celebrity to ruin the brand she built, but she is certainly not the first. Consider Martha Stewart, Tiger Woods, and Lance Armstrong. At one point, all had an empire built around their name and reputation. And, just like that, all were vehemently vilified by the press and public when an aspect of their personal lives became front-page news, resulting in the swift destruction of their businesses. More >

Innocent Until Proven Guilty, But Employed, Too? How to Handle Employee Arrests

February 18, 2013
Posted In Crisis Management, EEOC, Employee Arrests, Employee Misconduct, Employment Law, Hiring and Firing, Human Resource Department

Employers routinely encounter employee situations that leave them in a bind: illness, pregnancy, or the rogue employee who walks out without notice. There is also another situation that can leave employers scratching their head and calling the HR department: what do you do when an employee is arrested? More >

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