December 28, 2017
The term “sexual harassment” is in constant use these days. Hardly a day goes by without a new story about a politician, celebrity, athlete, businessman, or even judge being accused of it. But what exactly does the term “sexual harassment” mean? The term means something different in the law than it does in ordinary conversation. … Continue reading Ohio Employment Law: What exactly IS sexual harassment?
December 12, 2017
Let’s say a retail store is experiencing a high volume of theft. It suspects that some of its inventory loss may be due to employee theft. So it decides to start searching its employees when they leave the store. This is being done randomly, and is not necessarily based on individualized suspicion of particular employees. … Continue reading Ohio Employment Law: Are Employers Allowed to Search their Employees?
December 1, 2017
A previously good employee is starting to behave erratically or strangely. It is starting to disrupt the workplace. The change is such that it appears it may be tied to mental health problems. How should a smart employer handle this? The Americans with Disabilities Act (“ADA”) bars employers with 15 workers or more from discriminating against … Continue reading What should an employer do if an employee shows signs of possible mental illness?
November 28, 2017
When most people will hear the words “employment discrimination,” they immediately think of the alleged victims as being members of minority groups, women, or older workers. Although most discrimination claims are filed by these groups of people, it might surprise you to know that many of the major laws prohibiting discrimination in employment decisions can … Continue reading Ohio Employment Law: What is “Reverse” Discrimination?
November 17, 2017
Some of you may have seen the “viral” image of a woman named Julie Briskman, who was recently photographed raising her middle finger to a presidential motorcade that passed her while she was bicycling in Virginia. Ms. Briskman was subsequently fired from her job with Akima, LLC, a private contractor that does business with the … Continue reading Ohio Employment Law: Can you be fired for flipping off the President?
October 29, 2017
The social media movement represented by #MeToo began about ten years ago. Recently, however, in response to revelations about sexual assault and harassment by movie producer Harvey Weinstein, its use has skyrocketed. Literally millions of women (and some men) all over the world – and in every industry – have used the hashtag in recent … Continue reading Ohio Employment Law: What does #MeToo Mean for the Modern Workplace?
October 16, 2017
In recent decades, a great many employers – especially larger companies – have moved to require their employees to sign arbitration agreements as a condition of employment. The agreements are typically included in a big stack of papers employees are given – and never read – on their first day. They usually sign the agreements … Continue reading Ohio Employment Law: Supreme Court to Decide Whether to Limit Class Action Suits in Employment Cases
August 21, 2017
Suppose someone is falsely charged with a crime. They’re innocent until proven guilty, right? They have the right to a trial, to a lawyer, and to confront their accusers, right? They have a right to defend themselves and be judged by a jury of their peers, right? And if they are innocent, they may be … Continue reading Ohio Employment Law: Can an Employee lawfully be fired based on a completely False Accusation?
August 18, 2017
There has been a firestorm of controversy recently over Google’s decision to fire James Damore. Damore is the software engineer who wrote an internal memo – subsequently leaked – that criticized the company’s policies on diversity and inclusion. Specifically, Damore claimed that biological differences between men and women may account for the fact that women … Continue reading Ohio Employment Law: Does the Now Famous Fired Engineer Have a Legal Claim Against Google?
July 18, 2017
Something that didn’t even exist 15 years ago is now all the rage. I’m talking about “Social Media Policies” in the workplace. What does this mean? Why do many employers have these policies? Are they important? Are there legal rules relating to these policies? I don’t need to tell you about the explosion and popularity … Continue reading Ohio Employment Law: What is a “Social Media Policy”?