Headline news: Policies, procedures essential tools in fight against sexual harassment

July 12, 2016 - by: Ed Carlstedt 0 COMMENTS
Ed Carlstedt

Last week, former Fox News Anchor Gretchen Carlson slapped Fox News Chairman and CEO Roger Ailes with a wrongful termination and sexual harassment lawsuit in New Jersey Superior Court. The lawsuit alleges that Ailes made “sexually charged comments” to Carlson, including comments about her body and requests for what could be considered quid pro quo sex. According to the allegations, Ailes stated that Carlson and he “should have had a sexual relationship a long time ago . . . .”  Sexual harassment in the office

Carlson’s complaint also attributes numerous other sexually charged statements to Ailes, including comments about her legs and posterior and requests that she wear certain clothes to enhance her figure. Carlson claims that, following her rejection of Ailes’ advances, her contract with Fox News was terminated. Ailes claims that Carlson’s allegations are false and that her contract was terminated due to her television show’s poor ratings.

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Exercise Aniston-esque restraint when analyzing offensive employee posts

February 22, 2016 - by: Ed Carlstedt 0 COMMENTS
Ed Carlstedt

by Ed Carlstedt

This week’s employment law lesson comes to us from the movie Horrible Bosses. In the movie, Julia (played by Jennifer Aniston) is a dentist who employs dental assistant Dale (played by Charlie Day). After Julia uses her boss status to torture and torment Dale for most of the movie, Dale finally records her improprieties and delivers to her the following long-overdue payback speech:

This is what’s gonna happen. I’m going to take a two-week-long, very expensive holiday with my fiancée. Let’s call it a honeymoon. And YOU’RE going to pay for it! Then I’m going to return to a nice, rape-free workplace from now on. Because if you so much as LOOK at my sexy little a**, Julia, I will have yours locked the f*** up you CRAZY B**** WH***! Man, that felt GOOD!

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Go Scrooge yourself: 5 biz holiday party tips

December 07, 2015 - by: Ed Carlstedt 0 COMMENTS
Ed Carlstedt

‘Tis the season for your company’s annual holiday party. And while the notion of drinking, eating and generally enjoying merriment with your coworkers, subordinates, and superiors may seem innocuous, it is anything but. What seems like a festive occasion during the most wonderful time of the year is, if sledded incorrectly, a mine field of potential employment law mishaps. And while I don’t mean to be a Scrooge, this week’s lesson comes from a scene in one of my favorite holiday classics, the movie Scrooged with Bill Murray. What can we learn from this seasonal, cinematic favorite? Well, you can learn that, for purposes of the company holiday party, you should consider “Scrooge-ing” yourself. office holiday party

In the movie, Bill Murray’s character, Frank Cross (the modern day Scrooge), is visited by three ghosts, several of whom transport him back in time to certain life events that froze his heart and led to his hatred for Christmas. During one of his time-traveling trips, Frank visits his office during a wild late-1960s holiday party. People are seen drinking heavily, dancing, flirting with coworkers, and dressing inappropriately, and one woman, Tina (who is wearing a rather skimpy Santa’s helper outfit) is even handing out photocopies of her derriere.

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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?

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“It’s not me, it’s you!” Seinfeld lessons on candid employee evaluations

July 27, 2015 - by: Ed Carlstedt 0 COMMENTS
Ed Carlstedt

I confess, I’m a Seinfeld junkie. I’ve watched every episode multiple times and literally love every single oneeven the finale (I know, I know, I’m in the vast minority, but I’m committed, you could at least give me that). To this day, I watch Seinfeld’s re-runs over and over again, which I’m sure makes me cute in a geeky, boy-next-door kind of way, at least that’s what I tell myself. My wife just rolls her eyes and continues Facebooking, Tweeting, Instagramming, Pinteresting, Ashley Madisoning (actual users note recent security breach and structure assets accordingly), or whatever other social networking it is she does during my near daily half hour of “Ed time.” But irrespective of Seinfeld’s purported outdated-ness (likely not a word, but you’re smart, you understand), the fashions, Jerry’s updating (dating someone much hotter than you), or the fact that it is primarily intended for comedic purposes, employers can glean valuable lessons from Seinfeld if they watch closely.  Performance Evaluation

In Seinfeld episode number 140 (“The Fatigues”), Elaine, serving as interim company president while her boss is in Burma, is all set to can an employee for poor performance. Prior to meeting the employee, Elaine seems almost giddy to figuratively drop the guillotine on the unsuspecting employee. But once Elaine confronts the employee in person, Elaine can’t bring herself to do the deed, likely due to the fact that the employee is wearing fatigues, looks deranged, and has a spooky, guttural voice. Rather than deliver the news, Elaine promotes the employee from a mailroom position to a copywriter position.

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