What did Ryan Lochte do? 8 tips for waterproof investigations

September 06, 2016 1 COMMENTS

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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‘We fixed the glitch….’

January 26, 2015 1 COMMENTS

I’m confident in this prediction: If you’ve ever held an office job, you will love Office Space. (If you haven’t seen it, get it now.) Anyone can find something in the movie that resonates. Maybe you connect with the guy who can’t bring himself to do more than 15 minutes of real work a week. Maybe you’re the one locked in a daily standoff with the fax machine. Maybe you’re like everyone in the movie under the thumb of a monotonous, soul-crushing boss.    Excuse me, I believe you have my stapler

I’m a Milton Waddams guy. Now that’s not to say I’m a mumbly guy with no apparent skills or role and a creepy fascination with my stapler (others will be the judge of that), but I can’t get enough of the guy. Milt was useless. When you watch the movie, you can’t figure out why the company hired him in the first place or why it keeps him on the payroll. In fact, some consultants in the movie looked into Milt and discovered that he actually had been laid off years before. No one ever told Milt he’d been downsized, and a “glitch” in the payroll system kept cutting him a paycheck. Therefore, Milt continued to wander aimlessly and mumble, and the company continued to shuffle him around the office with the furniture.

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Moneyball redux: What can it buy you?

November 23, 2013 0 COMMENTS

I’m not shy about going back to the well. Last month I posted some lessons HR professionals could take from Billy Beane’s roster management of the Oakland A’s, as told in the bestseller, Moneyball.

For my money, Beane’s innovations as GM of the cash-poor A’s put him in the upper ranks of baseball executives among the likes of Branch Rickey, who first made use of an organized farm system to grow talent for my beloved St. Louis Cardinals (before he went on to sign Jackie Robinson with the Brooklyn Dodgers). Now that Brad Pitt has played him in the theaters, people from all walks of industry are clamoring for a bit of Beane’s mind, and personnel managers have been at the front of the line.

If you have to ask why, look around you right now. You are probably reading this on a digital display set into a laptop, tablet, or smartphone. That device is tethered to the ether (likely through your employer) where a server down the hall, in Seattle, in Bangalore, or who-knows-where is making a little record that you, my poor reader, lingered over my humble musings.

Five minutes ago, it also noted the nasty joke you forwarded to a buddy in another office, and it saw that your buddy (not as good a friend as you thought) felt that your joke warranted HR’s attention and sent it to his office HR rep. If asked, the server holds a map of the 16 times in the last three months you’ve crossed this line, and is just waiting for someone to call up this information that will twist the knife you’ve stuck in your own back. (If you’re wondering what it knows about all that stuff you’ve been copying to the used one terabyte hard drive you bought online last week, well … let’s just say you don’t want to do that anymore.)

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Oh [no], Canada!

November 17, 2013 0 COMMENTS

Unless you’ve been under a rock for the past couple of weeks, you’ve probably heard about Toronto’s crack-shutterstock_128700830smoking mayor, Rob Ford. No, I don’t mean that term in the figurative sense or as a commentary on some outlandish political policy he has chosen to pursue. I mean it quite literally, as Rob Ford admitted in a November 5 press conference to smoking crack cocaine while in one of his “drunken stupors.” (I’m not kidding. Those are his words.) And while we Americans all know Canadian beer is like moonshine, that’s hardly an excuse for an elected official choosing to dance with the devil—even one as offensive and scandal-ridden as Ford, who some have labeled as “Mayor McCrack.”

Sadly, Toronto is not the first major city to go through such a scandal. Most of us remember the time when Marion Barry, then mayor of our nation’s own Capital, was caught on tape himself smoking crack. Barry, of course, was arrested and served six months in prison, only to be re-elected mayor four years later. So maybe there’s still hope for Ford. And if you’ve read much of what he’s been quoted as saying, you might think a little time out of the spotlight would do him some good.

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Work hard, play hard work harder

November 11, 2013 0 COMMENTS

As discussed in our previous blog post, the Richie Incognito-Jonathan Martin scandal has dominated the sports and national headlines. Lost somewhat in the midst of an Incognito-Martin-centric sports news cycle were the recent health scares of Denver Broncos coach John Fox and Houston Texans coach Gary Kubiak during week 9 of the NFL season. Fox, whose Broncos were on a bye week, experienced symptoms, including feeling light-headed, while golfing, and ended up having an aortic heart valve replacement procedure just days later. Kubiak, during the halftime of the Texans’ Sunday Night Football matchup with the Indianapolis Colts, collapsed on the field and was taken to a nearby hospital due to what doctors have described as a mini-stroke.

On the heels of these events, which occurred within 48 hours of each other, the health and work ethics of NFL coaches have come under scrutiny. Journalists, NFL analysts, and former players and coaches have discussed the need for the NFL to implement programs or procedures to create a healthier work environment for coaches. One former NFL player, Cris Collinsworth, has suggested the NFL implement a “7 to 7” rule, stating that teams should be forced to open its office doors at 7:00 a.m. and close them before 7:00 p.m. Others, including former head coach and NFL media analyst Brian Billick, state that the hours and pressure come with a job where you are judged on your performance week in and week out and that “we [coaches] do this to ourselves.”

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Parks and relationships

October 18, 2013 0 COMMENTS

As an avid Parks and Recreation fan, I cannot help but love the chemistry between newlyweds Leslie Knope and Ben Wyatt. Long before they were joining their dysfunctional families via a wedding with a punch heard round the world and a unity quilt (complete with a patch dedicated to waffles, of course), these two were navigating the complicated minefield of an office romance. Like a number of employers, the fictional City of Pawnee had enacted a policy against workplace dating, which posed a serious obstacle for Leslie and Ben’s budding romance.  Clearly this story had a happy ending for the two lovebirds, but unfortunately that is not always the case in the real world where workplace romances all too often lead to messy litigation.

While there are countless cases of one party to a soured office romance later accusing a coworker of sexual harassment and denying that the relationship was ever consensual (particularly where the accused had supervisory authority over the accuser), there are also cases of non-parties to the romance attempting to file suit under a variety of creative theories. For example, in a case out of Texas, two employees entered into an extramarital affair. Their spouses decided to sue the company for negligently interfering in their familial relationships by failing to take action to prevent the affair. The case eventually went to the U.S. Supreme Court, which found in favor of the employer and helped establish that employers generally aren’t liable for failing to prevent office liaisons.

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Workers’ compensation latest battleground for NFL

September 27, 2013 0 COMMENTS

When is $765 million a bargain? Apparently, when you’re the National Football League. By now most people know that the NFL agreed to pay $765 million last month to settle a lawsuit brought by more than 4,500 players and their families, who alleged that the league concealed what it knew about the dangers of concussion-related brain injuries. Attorneys for the plaintiffs point to the fact that immediate care is needed for retired players with severe neurological disorders, such as ALS, Parkinson’s and Alzheimer’s disease, many who would never receive remuneration during their lifetime should the case be litigated over many years. In addition, there was a concern that individualized claims could become complex due to the fact that certain former players with short NFL careers played the vast majority of their football outside of the NFL (college, high school, etc.). This settlement ensures that thousands of retired players obtain compensation needed for current and future medical injuries and exams. While this is true, most agree that the NFL has to be ecstatic with this deal. With annual revenues hovering around $10 billion, the NFL is paying a mere fraction to avoid a potential finding of liability as well as a public relations nightmare. And if anything, Commission Roger Goodell has admitted that one of his primary objectives is “protecting the shield.” Instead of spending years defending allegations that the league knew concealed and misled players about the long-term dangers of concussions, the NFL can say this settlement not only helps retired players in need but also funds future baseline medical exams and research and education funds intended to take appropriate preventative measures. While the settlement’s details are still being analyzed and debated, including questions (and confusion) from some former players about who is or is not eligible under its terms, another fight is brewing between the NFL and its former players that has not quite received the same national attention. That is because the battleground is California. Just a few weeks ago, the California Senate passed a bill (which previously passed the California Assembly) that would preclude workers’ compensation claims by athletes from non-California teams, as well as athletes who played only a portion of their career with California teams. The bill is currently before California’s governor, who many expect will sign it into law. Who helped lobby and push this bill through? You guessed it. The NFL, along with the other five other professional sports leagues that the bill affects: MLB, NBA, WNBA, NHL, and MLS. California’s statute of limitations on workers’ compensation claims is much less restrictive than in other states, and California is one of the few states that cover “cumulative” injuries such as brain trauma incurred over a period of time. As a result, former athletes who played for visiting non-California-based teams have been making claims in California for years, especially former NFL players seeking compensation for repeated head trauma and related brain injuries, because they cannot do so anywhere else. Many of these claims are made by little-known athletes who enjoyed relatively short careers, earned the league minimum, or never even made it to the “big” leagues. On the one hand, this bill’s impact is arguably limited to professional sports. Teams and their insurers pay the costs of successful workers’ compensation claims, not taxpayers. In addition, insurance premiums are often determined on an industry-specific basis and therefore the claims activity of professional sports leagues don’t directly affect other industries. On the other hand, there are concerns that this measure could lead to future legislation depriving workers in other industries from filing claims in California, or to legislation in other states’ creating carve-outs for specific classes of workers. In addition, there is a belief that if players are prohibited from obtaining workers’ compensation in California, they will have to turn to Medicaid, Social Security, or other forms of government assistance, leaving the public to foot the bill. The reality is that oftentimes legislation begets legislation. We may think of “athletes” as those men and women on SportsCenter and TV commercials making millions of dollars and whose lives have no similarity to ours. However, the fact is an athlete’s injury is considered a workplace injury just as if he or she was injured on the job as a foreman, truck driver, or messenger. And just because the California bill applies only to athletes doesn’t mean the next piece of legislation won’t apply to you, your class of workers, or your state.

Moneyball tips on letting less productive players go

September 15, 2013 0 COMMENTS

Part of our mission here is to keep all you bibliophiles out there engaged and entertained. (I happen to be one, so I know we’re a rare breed.) Our book today is Michael Lewis’ Moneyball: The Art of Winning an Unfair Game. read more…

Fire all the “cripples” and the “fatties?!”

August 30, 2013 0 COMMENTS

As I mentioned in my July post, the film Horrible Bosses has enough material for weeks’ worth of blog posts. With three atrocious bosses blatantly making the lives of their employees miserable and disregarding a long list of employment laws, it is certainly a plaintiffs’ attorney’s dream situation and an HR manager’s nightmare. I am sure the upcoming sequel will be full of blog material as well. This week, I turn my attention to the antics of Bobby Pellitt (Colin Farrell), the cocaine-addicted son of business owner Jack Pellitt.

Unfortunately, when his kindly, family-oriented, and environmentally conscious father suddenly dies, Bobby is left to run the business. As it turns out, Bobby’s business approach includes snorting as much cocaine as possible, having his own harem of prostitutes present at the office at all times, disregarding necessary safety precautions for hazardous materials, and firing all the “cripples” and the “fatties.” Bobby even starts calling one wheelchair-bound employee “Professor Xavier” of X-Men fame. According to Bobby, “Roaming around all day in his special little secret chair, I know he’s up to something.”

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Biogenesis and the (Bad) Boys of Summer

August 16, 2013 0 COMMENTS

For some people, summer evokes thoughts of sunshine and long walks on the beach with sand under their bare feet (sounds like the setting of a Nicholas Sparks novel … or so I’m told). For me, I think of baseball. As an annual subscriber to MLB Extra Innings, I think of the plethora of games waiting for me when I get home from work, especially those of my hometown Red Sox. I constantly check my fantasy baseball team to see what moves I can make to catapult me up the standings. When I’m working late, the text from my wife doesn’t just ask when I’m coming home, but also provides me with spirit-lifting updates: “McCutchen just hit a three-run bomb.” Pause. Fist pump. Back to work.

But this summer, my fellow baseball fans and I aren’t the only ones thinking and talking about America’s pastime. Biogenesis has dominated the headlines, culminating in the suspension of 13 major and minor league baseball players this month, in addition to last month’s suspension of Ryan Braun. Interestingly, none of these players actually tested positive for performance enhancing drugs (except for Braun back in 2011, who successfully appealed based on a technicality, and has now been introduced to my friend karma). A failed test would establish per se grounds for a 50-game suspension pursuant to the Joint Drug Agreement (JDA) between Major League Baseball and the Player’s Union.

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