Posts from 2011.

What a year, am I right or am I right? Here is a catalog of the major employment and labor law developments from 2011. And, just to keep it entertaining, I've started off each month with a weird but true off-topic story that was in the news that month. Many thanks to Drudge Report archives for the strange stuff. Thanks also to Esquire magazine's annual Dubious Achievement Awards (sadly ...

We're taking this week off but will be back next Friday, December 30. We wish you and your families and friends a joyous holiday season!

Employers, are you expecting too much from your "probationary period"?

Most employers have a 90-day "probationary period," and if you believe what's in their policies, they can fire an employee for any reason during that period -- no ifs, ands, or buts. (And if you believe that, I know a Nigerian prince who needs to hold your money for a little while so he can return it to you a thousandfold.)

The American Bar Association sponsored a webinar this week on the Americans with Disabilities Act, which was noteworthy for its inclusion of EEOC commissioners Chai Feldblum (Democrat) and Victoria Lipnic (Republican).

I'm usually such a doom-and-gloomer when it comes to the amended version of the ADA. But 'tis the season to be jolly, so I have decided to be more positive (just this ...

UPDATE: Daniel Schwartz of Connecticut Employer Law Blog has made some excellent additions to the list below. We could go on like this all day! Check it out.

My friend and employee/plaintiff's lawyer, Lee Smith of Atlanta (who does not have a web page, and who neither blogs nor tweets!), has been corresponding with me about the words that no employee's lawyer ever wants to hear from a ...

Thank you from the bottom of our hearts to those of you who helped Employment & Labor Insider make the 2011 American Bar Association's Blawg 100 list!

The ABA chose 100 of approximately 3,500 legal blogs in its legal directory. We were one of only nine employment law blogs that made the "100." We very much appreciate your support, and would also appreciate your clicking on the ABA Blawg 100 ...

A cornucopia of random employment law issues for your long weekend.

Lessons for employers from the Natalie Wood investigation. (OK, I admit this is a shameless tie-in designed to get you to read a legal blog over a holiday weekend.) But the reopening of the Natalie Wood drowning investigation after 30 years does contain a good lesson for employers -- to wit, that no matter how much time has ...

Everybody's thankful but us turkeys!

I have much to be thankful for, but as an employers' lawyer, not much in the legal arena. Mostly it's "well, that's bad, but it could have been worse."

So I won't dwell on that. Did you hear about the petitions being signed by employees of several large retailers, objecting to having to work on Thanksgiving Day? Hat tips to Marie Diamond, and to Ashley Lutz

DISCLAIMER: Today's post has absolutely nothing to do with Veterans Day. But thank you, veterans!

Last week, I was pretty hard on Herman Cain and his response to allegations of sexual harassment. Since then, two women have come forward publicly, and all I can do is quote from my partner John Doyle:

*shrugs shoulders and sighs* "Well, you don't get your witnesses from Central Casting."

Poor Herman Cain.

Or, poor young women who used to work for him.

Right now, I'm not sure which because the allegations are murky and anonymous. OK, I do have an opinion, but I'm going to keep it to myself until we get more specifics.

This is not going to be a political post. It's about sexual harassment in the workplace and what employers can learn from Cain's problems, which he brought on ...

Robin Shea has 30 years' experience in employment litigation, including Title VII and the Age Discrimination in Employment Act, the Americans with Disabilities Act (including the Amendments Act). 
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