Haunted by work

November 16, 2015 - by: Matt Gilley 0 COMMENTS
Matt Gilley

This blog’s mission is to be witty, entertaining, and informative. That mission is difficult when the headlines are as sobering as what we’ve seen since last Friday in Paris. Before I launch into this week’s EntertainHR installment, I want to extend my sympathies to and express my solidarity with the people of Paris and, in particular, the lawyers and staff of Capstan Avocats, our French affiliate through Ius Laboris. My thoughts and prayers are with you.   Ghosts at the Office

I have a mindless indulgence—ghost-hunting shows. Maybe it goes back to my childhood days in the Ozarks listening to my family tell stories that had come down from across the generations but, whatever it is, I just can’t get enough of these things. I love watching a group of people wrap themselves in electronic gear, stumble through a purportedly haunted house in the dark, and scare themselves senseless. I eat it up when they manage to catch something—a voice, an image—that actually defies explanation. I once got myself so wrapped up and spooked watching one of these shows that I screamed bloody murder when my wife simply walked in the room. (No, not one of my better moments.)

read more…

Coworkers Blake Shelton and Gwen Stefani are dating! What could possibly go wrong?

November 09, 2015 - by: Marilyn Moran 2 COMMENTS
Marilyn Moran

Last week, the Internet was abuzz with the news that Blake Shelton and Gwen Stefani, who work together as judges on The Voice, have begun dating. Workplace relationships, though fraught with hazard for HR professionals, are incredibly common, with 80 percent of employees reporting that they have been involved in, or have heard of, coworkers dating at their place of business. Of course, employee hookups can be distracting to their coworkers and cause a lot of talk around the proverbial watercooler.  More important to HR, the end of workplace relationships can result in sexual harassment claims if one party to the relationship decides to break things off while the jilted employee continues to express romantic feelings or lashes out in anger toward the ex.  Get Your Flirt On (or Not)

To avoid this drama, some employers enact anti-fraternization policies to prevent employees from dating one another altogether, while others adopt dating policies to ensure that cubicle-crossed lovers leave the PDA at home and remain professional and productive at work. The large majority of employers, however, recognize and accept that their employees may want to date one another, and simply rely on their sexual harassment policies to govern the parameters of employee relationships.

read more…

Per Liar Liar, performing background checks on minors can be major issue

November 02, 2015 - by: Ed Carlstedt 0 COMMENTS
Ed Carlstedt

Because I’m a lawyer and because my friends know I love movies, people frequently ask me to identify my favorite lawyer-related movies. My personal favorites are My Cousin Vinny, A Few Good Men, and Liar Liar. To the extent you agree or have lawyer-related movies you like as well, feel free to weigh in. As luck would have it, this week’s employer blog lesson comes from the well-timed juxtaposition of a client inquiry and what has to be my hundredth viewing of Jim Carrey’s Liar LiarSign on the Line

Specifically, a client in the hospitality industry recently asked whether it had to obtain parental or legal guardian consent to conduct background checks and drug screens on its minor employees. Particularly in the summer months, many restaurants and hotels hire minors. Unfortunately, many employers mistakenly use the same hiring materials regardless whether the employee is a minor or has reached the age of majority. Thus, the employers ask their minor employees to sign the required consent forms. But do these minor employees have the legal capacity to execute these forms?

read more…

Tricks and treats and trial briefs

October 26, 2015 - by: Brian Kurtz 0 COMMENTS
Brian Kurtz

Remember NBC’s The Office? I think some lawyers used to blog about it. Anyhow, one of my favorite episodes was “Costume Contest” where the Scranton employees threw a Halloween party at the branch office. The costumes in the episode were mostly tame, ranging from Justin Bieber (Ryan) to Lady Gaga (Gabe). Late in the episode Angela dressed up as “sexy nurse.” The employment lawyer in me was not amused.  Devils Not in Disguise

Halloween is a few days away, and many employers will be holding costume-themed events. Unless HR steps in with some firm rules about costumes and conduct, some of those parties will invariably end up as reported Title VII cases. Consider just a few examples: read more…

Alcoholism and how USC may have violated ADA by firing Steve Sarkisian

October 19, 2015 - by: David Kim 6 COMMENTS
David Kim

On October 12, 2015, Steve Sarkisian was fired as  head coach of the University of Southern California (USC) football team. While USC contends Sarkisian was fired for “cause,” there is no question that his alcohol-related behavior led to his termination. Whether the termination was or was not properly for “cause” is relevant, in part, because it would likely determine whether USC would have to pay the remaining three years of his five-year contract. Whether the termination was lawful under the Americans with Disabilities Act (ADA), or analogous state law statutes alcoholismprohibiting discrimination on the basis of disability, is another question. And due to the high public profiles of the institution and the individual involved, this may be a question that is never entirely answered.

Back in August, video emerged of a clearly intoxicated Sarkisian at a USC pep rally, slurring during his speech and using profanity. The coach publicly apologized, contending that his behavior was the result of mixing alcohol and certain undisclosed medication. While Sarkisian denied having a drinking problem, he contended he would go to “treatment” to seek help. It appears Sarkisian neither sought help nor ceased his alcohol consumption. Reports last week emerged from sources that the coach “showed up lit to meetings again” and was told to leave the premises on Sunday. That same day, it was announced by USC Athletic Director Pat Haden that Sarkisian was asked and had agreed to take an indefinite leave of absence for his condition. On the next day, he was officially fired.

read more…

American Horror Story: Hotel—Gaga for this deliciously terrifying workplace

October 12, 2015 - by: Kristin Starnes Gray 0 COMMENTS
Kristin Starnes Gray

The latest installment of American Horror Story was off to a screaming start with the premiere of Hotel. If you missed it, proceed with caution as this article contains some minor spoilers on the first episode. This season is set in a sprawling art deco hotel that manages to be both beautiful and frightening at the same time, much like its penthouse occupant, The Countess (played by Lady Gaga). From vampires (large and small) devouring hotel guests to The Addiction Demon crawling out of mattresses with a drill bit dildo, working in this hotel is not for the faint of heart.  read more…

#damonsplaining — Matt Damon can do it, but you can’t

October 05, 2015 - by: David Kim 0 COMMENTS
David Kim

Actor Matt Damon sure has had an up and down past few weeks. First, Damon made some questionable comments on HBO’s Project Greenlight, a documentary developed by DSorryamon himself (along with some famous friends including buddy Ben Affleck) focusing on first-time filmmakers being given the chance to direct a feature film. When African-American producer Effie Brown asked the judges to use caution in selecting a directing team for a film project under consideration, pointing out that the only black person on screen was a “hooker who gets hit by her white pimp,” Damon stated that in “talking about diversity” it should be done in the casting of the film, not the casting of the show [i.e., film-making team].” Damon later stated that this was a film-making competition and the job should be attained “entirely upon merit” and not other factors.

Later, in an interview with Observer Magazine to promote his new film The Martian, Damon stated his belief that one is a better actor the less people know about you, and that “sexuality is a huge part of that.” Damon further noted “it’s tough to make the argument that” Rupert Everett, an openly gay actor, “didn’t take a hit for being out” despite being a handsome and classically trained actor.

read more…

The Cardinal Way

September 29, 2015 - by: Matt Gilley 2 COMMENTS
Matt Gilley

I’m a St. Louis Cardinal lifer so, for most Major League baseball fans out there, you probably assume I’m insufferable. (You may be right.) Still, don’t look for me to apologize that we’re in first place, have been for pretty much the entire season, and boast the best record in baseball. The postseason is upon us and, if all goes well tonight against Pittsburgh, we will wrap up another NL Central Division title and head into the postseason looking for yet another World Series championship. Yes, life is good.  Where the Cardinals play

One of the reasons so many fans find us insufferable is our talk of the “Cardinal Way.” Most people draw this link back to Branch Rickey, the pioneering baseball executive who first developed the Cardinals’ farm system before he went on to engineer Jackie Robinson’s entry into the Majors, thereby breaking down baseball’s color barrier.

read more…

Taylor Swift’s in legal trouble, trouble, trouble when accusation leads to DJ’s firing

September 21, 2015 - by: Marilyn Moran 3 COMMENTS
Marilyn Moran

Taylor Swift’s complaint that a DJ grabbed her derriere while a photograph was being taken before a concert has led to a federal lawsuit. The DJ claims he got a bum wrap (pun intended) and that it was actually someone else at the radio station who groped the singer. Now the DJ’s got bad blood with Swift, as well as her parents and management team who complained to his employer, and he’s suing them for tortious interference with his former $150,000 per year employment contractDon't Touch My Butt!

Taylor’s legal woes serve as a good reminder to employers that are considering making disparaging comments about a former employee or providing a negative job reference. Before you speak your mind, you should know that most states permit a claim for defamation or tortious interference (depending on the particular factual circumstances of the case) whenever someone makes disparaging remarks that adversely affect another’s employment relationship. Fortunately, however, many states have statutes that immunize employers from suit for giving negative employment references unless the employee can prove by clear and convincing evidence that the remarks were actually false.

read more…

“Silicon Valley”: Start me up

September 17, 2015 - by: Matt Gilley 0 COMMENTS
Matt Gilley

Mike Judge has done it again. A few months ago, I wrote about one of my favorite workplace flicks, Office Space, and the dangers of pushing off uncomfortable employment issues (specifically Milt Waddams, a mumbly arsonist-to-be). Now I’m hooked on Mike Judge’s latest project, HBO’s Silicon ValleySilicon Valley

Silicon Valley chronicles the ups and downs of life in a tech startup.  The feature characters are all residents of an eccentric business incubator that allows them free room and board in exchange for 10 percent of their companies and some questionable business direction. One of the characters (Richard) suddenly scores the attention of several venture capitalists and potential acquirers for his company, Pied Piper, and its revolutionary compression algorithm. From that point, the show does a brilliant job of showing that initially successful tech startups are a bit like the dog who chased the carand caught it.

read more…

Categories: Arbitration / Matt Gilley


 Page 1 of 12  1  2  3  4  5 » ...  Last »