Before I even begin this post, let me advance the disclaimer right off the bat: Despite the title of this post, there is no sure-fire way to fire an employee without getting sued.
Indeed, the title is a bit of a misnomer. It’s often been paraphrased that anyone can sue anyone else for anything at
Today, cross-posted on the LXBN site, I reflected on the biggest legal developments of the first half of the decade. I am reposting it here, but my sincere thanks to Lexblog for the support it has given me over the past 8 1/2 years and for the opportunity to provide some insight on its
Confession: Back to the Future is my favorite movie (though ask me in two months and I’ll probably say it’s actually Star Wars — employment lawyer’s prerogative).
So, how could I let “Back to the Future” day pass without an employment law-related post!
For those (strange) people who don’t know what I’m talking
The Connecticut Law Tribune reported earlier this month on a new Connecticut Supreme Court case that, for the first time, allowed claims brought by kids to proceed based on injuries suffered by their parents.
Plaintiffs’ lawyers have a new weapon in their arsenal. The state Supreme Court, in a split decision, has ruled that Connecticut
A few days ago, The New York Times, ran a series of short essays from people on its “Room for Debate” page. The question it posed? “Should employers get tough with strict policies about social media activity, so that employees face consequences at work for what they say online?”
In my talks about technology, one of the things I try to emphasize is that there is no “one size fits all” to your social media and technology policy.
As an example, I often talk about how financial industries have additional regulations relating to things like “insider” information, that may provide a reason to furthe
I’ll admit something that might seem a little unusual and ironic: I’ve grown a bit tired about writing about the NLRB and social media.
Perhaps, it’s because I’ve seen too many law firms and lawyers issuing newsletters, blog posts, and alerts each time the NLRB says something, anything, about social media.
This week, this blog celebrates it’s fifth anniversary (on Wednesday, more specifically). All this week, I’m going to look back on a post or reflect on this blog through the years.
Today, I’ll address what the biggest impact has been on employment law over the last five years.
(Hint: It’s not the Employee Free
For a while now, there’s been a lot of chatter about the NLRB’s take on social media and whether employees’ use of Facebook could be “protected concerted activity”. I’ve done many recaps including here and here.
Now, for the first time, an administrative law judge (in Hispanics United of Buffalo) has found that employees’
Haven’t we heard this before?
A Bourne, Massachusetts firefighter was recently fired for — imagine this — his Facebook posts in which he "allegedly railed against [a] police officer over some incident, angrily carried on about being forced to work on the Fourth of July holiday and made a homosexual slur", according to press reports