Fox News & Bill O’Reilly—best practices for conducting internal workplace investigations

May 01, 2017 - by: Rachel E. Kelly 0 COMMENTS
Rachel E. Kelly

Bill O’Reilly’s reign as a Fox News favorite came to an abrupt end amid a series of sexual harassment allegations against him. After the most recent allegations, Fox News hired large law firm Paul Weiss to conduct its internal investigation.    Employment Incident  Investigation Form

Workplace investigations are tough, and if your organization can’t afford (or simply does not want) to hire a legal giant to handle the internal investigation, there are some key steps to ensure the investigation is fair, impartial, and efficient.

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Unwritten rules cause uncertainty in sports and at work

April 24, 2017 - by: David Kim 0 COMMENTS
David Kim

Anyone who follows sports, even on a casual basis, has heard about “unwritten rules.” But the problem with unwritten rules is that sometimes they can be subject to different interpretations and standards. This is because, well, the obvious reason that they aren’t written down for everyone to see.  Slide

Take the baseball series this past weekend between the Boston Red Sox and Baltimore Orioles. The Orioles’ Manny Machado took out Dustin Pedroia of the Red Sox on a somewhat aggressive slide at second base, which resulted in Pedroia being injured and missing the last few games and perhaps more. This happened last Friday. In the eighth inning of Sunday’s game, Red Sox reliever Matt Barnes threw at Machado’s head, in what clearly was retribution for the slide. Machado was none too happy, for obvious reasons. Video caught a fascinating exchange between Machado and Pedroia immediately after the attempted beaning, which Pedroia further expanded upon in a post-game interview. In short, Pedroia disagreed with his own teammate, stating that any retribution should have been done right away (i.e., during Saturday’s game) and not in the latter innings of a game two days later. Specifically, Pedroia stated it was a “mishandled situation.”

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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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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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Baseball purists

December 13, 2016 - by: Matt Gilley 0 COMMENTS
Matt Gilley

“Puritanism: The haunting fear that someone, somewhere, may be happy.”

-H.L. Mencken

This post may not be the usual finger-wagging scold you may have come to expect from an employment lawyer. I’m confident, though, that this blog’s audience of fellow practitioners and human resource professionals will take a little solace in it. After all, it’s no fun to be a killjoy and we are thrust into that role more often than we’d like.  Young male baseball referee blowing a whistle

Why? Because potential liability under the employment laws too often compels us to manage to the lowest common denominator.

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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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Office Christmas Party–strategies to avoid the legal fallout

November 10, 2016 - by: Robin Kallor 0 COMMENTS
Robin Kallor

You may be wondering why I selected to write about a movie that is not yet in the theaters.  Truthfully, I do not need to see the movie to write about its relevance to HR issues. In fact, all that’s necessary is to read the title—Office Christmas Party.

Yes, we are in Human Resources. What that means is that when others look forward to getting dressed up and celebrating year-end with their colleagues in a laid-back social setting for which the company often spares no expense, we HR professionals get stomachaches in anticipation of the event. When others spend time at the party kicking back and enjoying a couple of cocktails at the five-hour open bar, we spend our time in a corner covering our eyes or doing damage control. While others need the next day off to nurse a nasty hangover, we HR professionals are “up and at ’em”—again doing damage control. We are the stiffs, the Grinches, the Scrooges. Even during the planning stages, the more fun the party sounds, the louder the screeches in our brain become.

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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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#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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Success through rudeness and hostility

June 08, 2016 - by: Matt Gilley 0 COMMENTS
Matt Gilley

Silicon Valley’s third season is in full swing on HBO, which raised a question in my mind: if Michael Scott’s Dunder Mifflin warranted an entire blog from the FordHarrison crew, isn’t the Hacker Hostel’s Erlich Bachman at least due his own post?Silicon Valley

My answer: Of course he is!

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