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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#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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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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ABC, Kelly Ripa, Michael Strahan, and lessons on parting ways with key employees

May 17, 2016 - by: Josh Sudbury 6 COMMENTS
Josh Sudbury

What Kelly Ripa lacks in size, she makes up for in attitude. At just 5’3″, the petit daytime talk show star measures but a fraction of the size of her former co-host, Michael Strahan, himself a former New York Giants defensive end and Super Bowl champion. But Ripa’s actions since news broke of Strahan’s planned departure from Live! for a permanent slot on ABC’s Good Morning America show the pint-size starlet is anything but meek. key room

Strahan, in classic defensive end style, reportedly blindsided Ripa and the Live‘s producers with news of his move shortly after the show on April 19. Ripa, who was reportedly shocked and furious with the announcement and its delivery, was conspicuously absent from the show the following few days, allegedly celebrating her and her husband’s wedding anniversary. Despite Ripa’s being all smiles when she returned to the show, guests commented that interactions between her and Strahan were noticeably tense. On air, Ripa also got in some passive aggressive digs at her soon-to-be ex-co-host, making it clear to the viewing public Strahan wasn’t the only one skilled in the art of the sneak attack.

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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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3 tips on firing employees—Les Miles/Mark Richt “silly season” edition

December 01, 2015 - by: Josh Sudbury 0 COMMENTS
Josh Sudbury

With the college football regular season coming to a close, you may have noticed that a different kind of season has begun, a time referred to by authors and sports bloggers alike as “silly season.” The fun (and farce) is typically kicked off by the mid- to late-season rumors that a formerly promising coach of a prominent program will be shown the door as soon as the clock hits zero at the last game. Many times their replacementthe one who will certainly be able to finally take us all the way!is an unproven coordinator from a rival school, an up-and-coming head coach from a lesser conference or division, or even more hilariously, a head coach recently given the boot by another program. Laid off-Head in hand

This year, the biggest rumors surrounded LSU head coach Les Miles, a man with a career winning percentage above 75% at LSU, a national championship, an SEC championship, multiple SEC West division championships, and seven seasons with 10 wins or more. And let’s not forget Les also had a buyout provision in his contract worth a reported $15 million, which allegedly was “not an issue” for the LSU booster club, despite the fact that the university itself is on the verge of bankruptcy. Thankfully, cooler heads prevailed after the Tigers took down Texas A&M in Baton Rouge 19-7.

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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.)

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

October 19, 2015 - by: David Kim 8 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.

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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…

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.

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