Featured Articles

Termination versus reasonable accommodation under the ADA

Jon Hyman
August 04, 2008 13:06

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...

Associational Retaliation Revisited

Jon Hyman
July 31, 2008 11:30

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...

Think before you e-mail

Jon Hyman
October 15, 2008 11:30

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...

Recent Articles

If the employee doesn’t certify, you need not comply (with FMLA)

Jon Hyman
March 22, 2012 11:29

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...

When drafting harassment policies, don’t forget about disabilities

Jon Hyman
March 21, 2012 11:42

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....

You should pay attention to this post if you have unpaid interns

Jon Hyman
March 20, 2012 12:06

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...

The best time to settle a case

Jon Hyman
March 19, 2012 11:59

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. ...

WIRTW #217 (the “Statler and Waldorf” edition)

Jon Hyman
March 16, 2012 11:58

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...

How to avoid your organization’s muppet manifesto

Jon Hyman
March 15, 2012 11:54

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...

Employees use of Facebook biggest time-suck, according to recent survey

Jon Hyman
March 14, 2012 13:03

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...