Labor & Employment Developments Blog

Here is a scenario I’ve seen too many times to count.  An employee is terminated and files a lawsuit.  The employer had a good reason but there are counter arguments. 

In employment litigation, management witnesses are sometimes reluctant to be forthcoming about business decisions if they perceive that the reasons for a decision might not look good to others.  This kind of thinking often misses the point in employment litigation. 

Here is a scenario that I’ve seen many times:  An employee does something bad that will likely lead to termination; while the employer is investigating and deciding what to do next, the employee submits FMLA paperwork requesting leave. 

Maybe I’m a cynic but it’s possible that the employee doesn’t really need FMLA leave. 

I have followed the news coverage of the Healthcare Reform package, the online blog coverage, and I actually perused the legislation myself.  Why did I do that?  So I could compile the following non-exhaustive list of Healthcare Reform issues that may impact employers, apart from the more obvious employee benefit and insurance issues.  Here is what I have so far, in no particular order...

The Ohio Supreme Court delivered a major victory for employers this week by upholding the constitutionality of Ohio's intentional tort statute. 

As most everyone has heard due to the 24-hour news cycle, the House passed healthcare reform.  Specifically, the House passed the U.S. Senate’s Patient Protection and Affordable Care Act (H.R. 3590) and the Health Care and Education Affordability Reconciliation Act of 2010 (H.R. 4872), a bill intended to fix certain aspects of the Senate’s original bill. 

So you just got comfortable with your blog, LinkedIn, and Twitter.  What about location based social media?  Part game and part micro blog, these websites allow you to check in throughout your day with your location and related comments while earning various online honors and prizes. 

There has been a lot of news coverage lately of Rep. Eric Massa’s resignation and apparently related allegations of harassment of male staffers. 

David Meerman Scott at The Huffington Post suggests that the U.S. Department of Defense new social media policy is superior to that of many companies. 

In the days following the shooting at the University of Alabama in Huntsville, some alarming facts have been discovered by the media about the alleged shooter, Professor Amy Bishop.  In 1986, she shot and killed her brother after a family dispute.  In 1994, she and her husband were questioned in connection with a mail bombing attempt, and in 2003, she was charged with assault for punching a woman at an IHOP restaurant.  This has prompted some talking heads in the media to question the University’s hiring practices.