Below is a review of the posts (on Facebook, LinkedIn, and Twitter) from the past week. You can check out the full posts by clicking on the links.
In the post on Sunday 9/2/18 we saw why “Can I sue my employer” is often the wrong question. The first question is really whether there is an agreement or contract that governs the employment relationship. If not, the employment is at-will and the employee has fewer rights – but still some rights. The post mentions a few situations where the employer can just end the relationship. The types of rights an employee has are noted in the post and include those in any contract. Even if the employee has a claim, whether or not s/he can afford an attorney to handle it is often the deciding factor – as noted in the post.
TAKEAWAY: Employees unhappy with the company’s decision to terminate the relationship may be looking for any reason to sue – so make sure to have a defense in case they find a reason.
The posts on Monday 9/3/18 (here and here) wished all a Happy Labor Day 2018 and reminded all to remember the reason we celebrate today (noting that retail sales is not it).
TAKEAWAY: Sometimes remembrance is enough.
In the post on Tuesday 9/4/18 we saw that one Association Spends $2,500 on DNA kits to solve dog poop mysteries (and asked: What does your Association do? This is not new, but still news. Another association has decided it will not permit people to violate rules and leave dog poop without picking it up. So it got DNA kits – and went down the road noted in the post. Interesting take on the situation.
TAKEAWAY: Planned communities have rules that everyone must follow – but enforcing them is often the hard part. Thinking outside the box is often a good alternative.
The post on Wednesday 9/5/18 told us the NLRB turns attention to employer email (so you need to pay attention too).We suggested you let us help you. This comes up because on August 1, 2018, the NLRB issued a Notice and Invitation to File Briefs regarding whether it should overturn the 2014 Purple Communications decision that allowed workers to use company email for union organizing purposes. In the case at issue, the court sent the case back to the NLRB for consideration in light of Boeing Co., a decision that revised the NLRB’s evaluation of company policies. The issue here is specified in the post. The holding in Purple Communications is also explained in the post, as is another challenge to it that is pending.
TAKEAWAY: Remember that certain sections of the NLRA apply to EVERY employer, union or not, so you need to know what rights employees have to your company’s email system. Make sure your lawyer keeps you updated.
In the post on Thursday 9/6/18 we read about what to do if a female is being sexually harassed at work. We also gave a HINT: stick your head in the sand is NOT the correct response. First, keep in mind why someone sexually abuses a woman at work: power. The post mentions things that are not harassment, such as simple teasing. The post also talks about when harassment becomes illegal and gives some examples, not all of which involve touching. Who to go to is also mentioned in the post, as well as what many involved in the situation may need to do.
TAKEAWAY: If you know that someone (anyone) is being harassed in the workplace, DO SOMETHING. Report what you know to the appropriate person. Make sure the process is followed to ensure that the harassment stops immediately.
The post on Friday 9/7/18 served as a reminder that you can’t always get what you want: employers don’t have to provide the requested accommodation if other reasonable alternatives exist. The Third Circuit, the federal appellate court with jurisdiction over PA, issued a recent decision that analyzes the area of reasonable accommodation and talks about the parties’ rights and responsibilities. Here, Sessoms was out on an approved leave of absence relating to mental and physical disabilities. Prior to returning to work, she requested a part-time schedule (with eventual plans to return full time) and to be transferred to a different supervisor. The employer agreed to the first request but not the second one. The court’s rationale is in the post and serves as a roadmap as part of the interactive accommodation process. The post also reminds employers of some things they need to do.
TAKEAWAY: The ADA grants disabled employees certain rights, but it is not all-encompassing. Make sure to work with an employment lawyer to stay within the legal limits.
Finally, in the post yesterday 9/8/18 we saw that a federal court upholds a $500K verdict for a butcher versus a grocer for sexual and racial harassment. That’s a lotta meat! The end result is that a Chicago grocery store must pay more than $500,000 to an African American former butcher who claimed he suffered severe racial and sexual harassment at the hands of his Hispanic coworkers. How did it get to that point? Smith sued, claiming several things as noted in the post. He complained to management, to no avail. And what happened after he filed a complaint with the EEOC? See the post. A jury awarded Smith more than $2.4 million, but a judge reduced the award to more than $500,000. The grocery store appealed, not over whether Smith was “severely and pervasively” harassed, but whether the harassment rose to the level required under Title VII because it was not based on his gender. How the grocery store supported its argument is in the post, as are other arguments it made on appeal, along with the appellate court’s analysis.
TAKEAWAY: Discrimination and harassment can be costly to an employer – in terms of the attorneys’ fees and costs to defend any suit as well any award or judgment. So don’t get to that point.
York, Pennsylvania 17403