Employment Tip Of The Month – October 2022

Q. Do I need to investigate a discrimination or harassment claim by a former employee?

A. Yes. All discrimination and harassment claims must be investigated to determine if there is a need for a corrective action to address a current workplace violation or prevent a future one. A failure to investigate could adversely affect a company’s ability to defend itself in a future lawsuit, and in some states the failure to conduct an investigation could […]

By | November 3rd, 2022 ||

Did Twitter’s Recent Layoffs Violate Federal Employment AND Labor Law?

It depends on who you ask. According to the plaintiffs and their counsel in this recently filed first amended complaint, the social media giant violated the federal Worker Adjustment and Retraining Notification Act (WARN). One of the plaintiffs upped the ante with a separate unfair labor practice charge, which he filed at the National Labor Relations Board. He claims that Twitter violated Sections 8(a)(1) and 8(a)(3) of the National Labor Relations Act by laying him off in retaliation for […]

By | November 1st, 2022 ||

When Is Employment Law Advice Privileged—or Not?

The privileged nature of the advice and counsel of employment lawyers must not be taken for granted, and it is hoped that the court’s ruling in ‘In re Grand Jury’ will clarify and provide clear guidelines regarding the privilege’s application to counsel’s activities.

Employment lawyers spend their days consulting with their clients, guiding them through troublesome human resources issues, recommending disciplinary approaches, drafting performance improvement plans, drafting scripts for meetings between lawyers and their clients, […]

By | October 27th, 2022 ||