The Ohio Employer’s Law Blog offers practical employment law information for business in Ohio and beyond. This blog is published by Kohrman Jackson & Krantz PLL. The author of this blog, Jonathan T. Hyman, joined KJK in 2006 and practices in Litigation and Labor & Employment Law.
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McNary v. Schreiber Foods, Inc. (8th Cir. 8/1/08) asks the question - if a diabetic employee needs to take a break on the job, but is perceived to be sleeping, can the employer lawfully terminate that employee. David McNary, suffers from Graves disease (an autoimmune disorder with symptoms...
In Thompson v. North Am. Stainless, the 6th Circuit recognized a claim for associational retaliation, holding: "Title VII prohibit[s] employers from taking retaliatory action against employees not directly involved in protected activity, but who are so closely related to or associated with...
E-mail is a dangerous thing. It's impulsive, it's hard to get rid of, and when you get rid of it judges use nasty words like spoliation. It's exactly because it's so easy that it has quickly become the preferred mode of business communication. Often, it used for a lot of things it shouldn't be used...
In Poling v. Core Molding Technologies (S.D. Ohio 2/9/12), the plaintiff, who suffered from Reflex Sympathetic Dystrophy Syndrome, claimed that his employer interfered with his FMLA rights when it terminated him for excessive absences. Poling’s problem, however, was that he never adequately...
I can’t tell you how many harassment policies I review (and rewrite) that are simply called, “Sexual Harassment Policy.” Most harassment complaints are about sexual harassment. But, the law just doesn’t forbid sexual harassment; it forbids harassment based on any category protected by the EEO laws....
According to Law.com, wage and hour litigation is big, and getting bigger. One area that has been poised for a take-off for a couple of years is unpaid internships. Three recent filings illustrate the dangers of using unpaid interns in your business: A former unpaid intern for the “Charlie...
I’ve long believed that the best time to settle a case is while summary judgment is pending. It’s when both sides have the most risk. The employer has the risk of a jury trial if the court denies the motion, and the employee has the risk of walking away with nothing if the court grants the motion. ...
News moves fast. In today’s 140 character news cycle, a story has legs if it’s covered for more than a day. That we are on day two of the muppet manifesto tells you that this story resonates. Here’s some additional employment and HR related (and not so employment and HR related) coverage of Greg...
Beware the ides of March. – Julius Caesar, Act I, scene i. 2,056 years ago, Julius Caesar was assassinated. To mark that occasion two years ago, I wrote that employers should be wary of the types of problem employees within their organizations. That lesson rings as true today as it did...
According to a recent survey conducted by Salary.com, 64% of employees visit non-work related websites everyday during work hours. The biggest culprit is Facebook, at 41%. Of those who access personal sites during work, 68% spend as much as two hours per work day, with reasons that include not...