#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


Employment is short. Don’t have an affair.

September 08, 2015 - by: Brian Kurtz 2 COMMENTS
Brian Kurtz

Imagine a guy, a married guy, more specifically an unhappily married guy, and even more specifically an unhappily married guy lacking a moral compass. The guy creates a discrete (ha!) profile on AshleyMadison.com, a dating website for married people whose tagline is “Life is Short. Have an Affair.” No need to prowl hotel bars at last call. Thanks to Ashley Madison, our guy can arrange an illicit rendezvous from the privacy of his laptop. shhhhh

Or not.

read more…

Restricting employers’ use of credit checks and why Mr. Robot agrees

August 28, 2015 - by: David Kim 0 COMMENTS
David Kim

If you’re like me, you don’t necessarily equate the USA network with riveting and innovative television. While the network has respectable ratings, I can’t help but tune out when I see a commercial for Suits, Graceland or Royal Pains (apologies to those fans of the showI believe you, I’m sure they’re good). In fact, although many have noted the increase in quality TV programming, accolades have been reserved for those such as HBO, AMC, and Netflix, which have pushed the limits of what a television show could be in our collective minds, while simultaneously providing entertaining and complex stories. Now, it appears USA has decided to the join the party. USA’s Mr. Robot is fast becoming one of my favorite shows, and as evidenced by the widespread critical and popular acclaim it has received, it is clear I’m not the only one (97% rating on Rotten Tomatoes if you’re into that sort of thing). Credit Report (2)

Mr. Robot revolves around Eliot Alderson, a brilliant yet flawed individual. Eliot works as a security engineer at Allsafe, a cybersecurity company. However, Eliot also is incredibly adept at hacking (social media accounts, bank records, personal information, etc.) and uses those skills to not only learn about people, but often to act as a cyber-vigilante by protecting those he cares about or reporting bad people anonymously to the authorities. It is not surprising this is the only way Eliot can connect as he struggles mightily with social anxiety disorder, clinical depression, paranoia, and delusion.

read more…

Human Resources lessons from NFL preseason football: employees returning to work after cancer treatment

August 24, 2015 - by: Josh Sudbury 1 COMMENTS
Josh Sudbury

For fans of Southeastern Conference football (and, I mean, who isn’t, right?), the name “Eric Berry” is one you don’t easily forget. Berry made his presence known as a defensive back for the Tennessee Volunteers from 2007-2009. Even though he played only three seasons in college, he was twice named a Defensive All American by unanimous vote. Berry was drafted in 2010 by the Kansas City Chiefs and was selected to the Pro Bowl as a rookie. He suffered a torn ACL in 2011 but returned the following year and earned another Pro Bowl selection in 2012 and again in 2013. Quite simplywater covers 71 percent of the Earth, Eric Berry covers the rest.  Back At Work

Berry’s career took a surprising and unfortunate turn in 2014, however, after he complained of chest pain during a game against the Oakland Raiders. He was soon diagnosed with Hodgkin’s lymphoma, ending his season, and threatening his life. Thankfully, after several months of chemotherapy treatment at Emory Hospital in Atlanta, Georgia, Berry is now cancer free. In June of this year, doctors cleared Berry to return to football activities. So far, he has played in both of the Chief’s preseason games.

read more…

Game of Thrones: Trial by combat

August 17, 2015 - by: Kristin Starnes Gray 4 COMMENTS
Kristin Starnes Gray

Winter is coming, but not soon enough for those of us eager for Season 6 of Game of Thrones.  While we wait, I’d like to rewind to one of my favorite episodes from Season 4 involving Tyrion’s trial for the murder of his nephew. As you may recall, Tyrion’s long-time rivalry with his sister, Cersei, comes to a head when she falsely accuses him of murdering her son. Watching the ensuing trial should make us all thankful that Trial by combatwe do not live in Westeros. Tyrion stands alone, with no legal counsel, facing a panel of judges who can hardly be considered fair or unbiased. Indeed, Tyrion’s father seems the most eager to see him dead. After enduring one misleading and/or outright lying witness after another, without the opportunities for cross-examination or to present any evidence whatsoever, Tyrion realizes he will get no justice in that trial. His solution: Demand trial by combat.

Thankfully, our own court system is much more concerned about such things as fairness and justice, so employers aren’t forced to resort to trial by combat in employment litigation. For example, our system permits the parties the opportunities for cross examination and to present written documentation and other admissible evidence at trial. In addition, there are rules of evidence to determine what is or is not admissible and to weed out unreliable evidence such as hearsay.

read more…

To kill Atticus Finch? HR pros aren’t afraid of the truth

August 10, 2015 - by: Matt Gilley 3 COMMENTS
Matt Gilley

It’s been a long time since I, like nearly any person educated in the United States, read Harper Lee’s To Kill a Mockingbird. Now, like many other readers out there, it’s back on my bedside table since Ms. Lee consented to publication of her other manuscript, Go Set a Watchman. I haven’t tackled it yet, but I’m eager to see what’s new from Scout and, of course, Atticus Finch.

The reviews I’ve read, however, let me know that I’m in for a surprise. Everyone recalls the heroic image Ms. Lee painted of Atticus in Mockingbird, where he was the brave and upright defender of a wrongly accused black man in the Jim Crow South. Gregory Peck personified Atticus in Mockingbird’s 1962 film rendition, which solidified Atticus in our minds as one of the better angels of our nature.

read more…

Deflategate: Tom Brady’s fumble provides valuable lesson about spoliation of evidence

August 03, 2015 - by: Marilyn Moran 0 COMMENTS
Marilyn Moran

Tom Brady is one of the best quarterbacks in NFL history, but he fumbled big time when he ordered the destruction of his cell phone before he was to be questioned about his involvement in the deflation of footballs during last season’s AFC championship game. Importantly, prior to the phone’s destruction, NFL investigators had asked Brady for text messages and other electronic information stored on his phone. Although he continues to deny any wrongdoing, the NFL upheld his four-game suspension, concluding that his destruction of the cell phone proved he wanted to hide incriminating evidence of his involvement in the scandal.  Spoilation of Evidence tsk tsk Tom Brady

Destruction of evidenceoften referred to as “spoliation of evidence”refers to the destruction of documents, information, or other tangible items that are potentially relevant to a claim before the other side has had an opportunity to review the evidence. Spoliation of evidence can have dire consequences for offenders. As a result, employers should know the when, what, why, and how of preserving evidence to avoid liability and ensure a fair playing field.

read more…

 Page 1 of 11  1  2  3  4  5 » ...  Last »