ADA and Batman—by Robin

March 27, 2017 - by: Robin Kallor 0 COMMENTS
Robin Kallor

Recently, Ben Affleck stepped down from directing the new Batman movie to focus on his recovery following recent treatment for alcoholism. His reason for stepping down was due to his belief that he was unable to give the directing role the focus and passion it requires.  Alcohol in the workplace

Alcoholism and drug addiction present complicated issues under the Americans with Disabilities Act (ADA). The ADA protects “qualified individuals with disabilities” – individuals who can perform the essential functions of their position (or the position they are seeking) with or without reasonable accommodation. “Disability” is defined as a person who has a physical or mental impairment that substantially limits one or more major life activities, or has a record of such impairment.

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Developing a PIP that will make employees comeback heroes—Tom Brady style

February 07, 2017 - by: Robin Kallor 0 COMMENTS
Robin Kallor

I’m sure you all watched or heard about the Super Bowl on Sunday night: Despite the fact that his team was trailing by 25 points, Patriots quarterback Tom Brady led New England on the greatest comeback in Super Bowl history. Brady’s season began with a four-game suspension for his involvement in the “deflategate” scandal and ended as Super Bowl MVP. It’s a comeback within a comeback. Despite not knowing much about sports, as a New Englander, I would be remiss if I let this opportunity pass without drawing some sort of analogy to HR. Because my law firm is based in Atlanta, I admit, I’m cowering just a little.  Patriots' parade in Boston for winning Super Bowl XLIX

As HR professionals, we are often called upon to assist managers in addressing concerns with employees who appear to be falling behind company expectations. How can we encourage employee “comebacks” and assist supervisors by providing effective tools to help employees to do so?

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Sherlock: the final problem for employers

January 27, 2017 - by: Kristin Starnes Gray 0 COMMENTS
Kristin Starnes Gray

The series four finale of Sherlock cleverly illustrates the dangers of allowing the inmates to run the asylum. The show regularly covers behaviors that would alarm any employer, such as Sherlock abusing drugs, firing guns indoors whenever frustrated, and generally being delightfully bizarre. These oddities are some of the many reasons that Sherlock is a consultant for, rather than an employee of, the local authorities.  Personality Assessment Form

They also explain why Sherlock has no regular employees to speak of, unless you count his secret network of informants. This series introduces Sherlock’s sister, who is comprised of equal parts evil and intellect. When she takes over the high-security facility where she has been housed for decades for being “too clever,” all bets are off.

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Peter Dinklage takes on Elf

December 05, 2016 - by: Kristin Starnes Gray 0 COMMENTS
Kristin Starnes Gray

It’s December, which means that those of us holiday fanatics can decorate and watch Christmas movies to our hearts’ content without shame.  Of course, I won’t tell anyone if you already had your tree up in November (like me) or if you never took it down from last year.  One of my favorite Christmas movies is Elf, starring Will Ferrell.  It is surprisingly packed with various employment law issues, such as employee substance abuse at work, sexual harassment, and workplace violence.  In one of the more memorable scenes, Peter Dinklage’s character, Miles Finch, demonstrates how good intentions can still lead to a harassment complaint.  Facepalm, retro disappointed man slapping forehead, d'oh!

As background, Will Ferrell’s character, Buddy, has been raised as one of Santa’s elves and only recently learned that he is actually human. He has tracked down his biological father, who works for a children’s book publisher in New York City. Unaccustomed to the human world and innocent to its realities, Buddy has difficulty adjusting to life in the Big Apple and working in his father’s office.

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Employers haunted by Halloween

October 31, 2016 - by: Katie O'Shea 0 COMMENTS
Katie O'Shea

Happy Halloween! We hope you are getting only treats today and no tricks. But in keeping with the holiday spirit, today’s post highlights some unintended tricks employers may face from Halloween.    Pug dog with Halloween costume sleep on sofa

Many employers will have already hosted a Halloween office party or allowed employees to dress up today to celebrate, but the Halloween festivities, whether work-sponsored or not, can continue to haunt employers long after today. Below are several examples of problems employers encountered because of Halloween activities: read more…

Terminating the walking dead employee: What would Negan do?

October 24, 2016 - by: Marilyn Moran 0 COMMENTS
Marilyn Moran

Like many of you, I am still reeling from last night’s brutal season opener of The WalkiBussiness batng Dead. Looking at the episode through the lens of an employment lawyer, a few thoughts came to mind: first, Negan’s managerial style is a tad harsh; second, he could really use some training on positive motivation techniques; and third, I think I can spin a blog post about how to discipline employees from this awful, gory episode! So here are four tips to help you navigate the risky waters of employee discipline, no Lucille required.

Communicate expectations

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What did Ryan Lochte do? 8 tips for waterproof investigations

September 06, 2016 - by: Robin Kallor 1 COMMENTS
Robin Kallor

Despite the conclusion of the 2016 Summer Olympics, Ryan Lochte is still “under water” with questions still looming after Rio police reports that the American gold-medal Olympian fabricated a story about being robbed at gunpoint in Brazil. Lochte initially reported that he and three other U.S. swimmersJames Feigen, Jack Conger, and Gunnar Bentzwere robbed at gunpoint as they were returning from a party.  Hand with magnifying glass.

Brazilian authorities reported a markedly different account: The American swimmers vandalized a gas station and then got into an altercation with security guards. Since the news broke, Lochte changed his tune a bit to the press and admitted that he exaggerated his initial story, but the International Olympic Committee set up a disciplinary commission to investigate Lochte and the three other U.S. swimmers. This commission will determine what consequences, if any, the swimmers will face.

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Hope Solo: too little, too late?

August 26, 2016 - by: Kristin Starnes Gray 4 COMMENTS
Kristin Starnes Gray

Hope Solo’s derogatory comments about Sweden’s national women’s soccer team have earned her a six-month ban from U.S. Soccer and the termination of her contract. U.S. Soccer president Sunil Gulati released a statement this week saying, “The comments by Hope Solo after the match against Sweden during the 2016 Olympics were unacceptable and do not meet the standard of conduct we require from our national team players.”  However, many are questioning whether Solo’s punishment for calling Swedish players “cowards” is too little and too late.

Despite her World Cup title, two Olympic gold medals, 202 national team appearances, and 102 clean sheets, Solo has long been a loose cannon with her outrageous behavior overshadowing her performance as a player.  As examples:Women soccer team ticker parade read more…

#Fired: Post a tweet, lose your job

August 23, 2016 - by: Katie O'Shea 0 COMMENTS
Katie O'Shea

Many people enjoy spouting off what they view as 140-character tidbits of wisdom on the social media platform Twitter. But recently several individuals have found themselves in trouble with their employers (read: former employers) for their tweets or other social media posts.  Tweet

One recent example was a loan officer from Michigan who crafted a racist tweet, not worth repeating here, following First Lady Michelle Obama’s speech at the Democratic National Convention. Twitter users saw the tweet and tracked down the home loan company the woman worked for. The result was a flood of tweets directed to the company’s Twitter profile calling their attention to the tweet and asking if the employee’s views represented the company’s values.

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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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