Posts in Employment at Will.

For the background on this situation, please see my post from Friday on HB 2. I spoke for almost an hour Friday evening with reporter Greg Lacour from Charlotte Magazine, and he asked me to go through his April 4 article "The HB 2 Provision Few Are Talking About" point-by-point and tell him exactly what I thought was inaccurate. I did, and he told me he was going to publish a correction. I ...

Argh! I was hoping not to have to talk about HB 2 again (North Carolina's notorious "bathroom bill"), but there has been so much misinformation about what it did to wrongful discharge claims that I've just gotta.

UPDATE (6:20 p.m. Friday, 4/8/16): I had a good conversation this evening with Greg Lacour of Charlotte Magazine about his article. We agreed that his article did not ...

Of significance to employers, the bill, which was signed into law last Wednesday, eliminates the common-law cause of action for wrongful discharge based on "EEO" discrimination. I talked about that here.

Here is a copy of the lawsuit, filed today in federal court in Greensboro, North Carolina. The plaintiffs are three individuals (two transgender men and a lesbian), the American ...

Big news for employees and employers in North Carolina -- the General Assembly enacted a bill on Wednesday (signed by Gov. Pat McCrory (R) within hours) that was primarily intended to preempt a certain high-profile municipal "bathroom" ordinance. (More on that in a sec.) But included in the bill is a provision that eliminates the wrongful discharge/public policy cause of ...

How many stars would you give Yelp as an employer? Read on!

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Darn! Glassdoor beat me to it!

I'm sure you've all heard by now about Talia Ben-Ora, the Yelp employee who was trying to live in the San Francisco area working as a minimum-wage customer support employee. She wrote an open letter to the CEO about how her pay did not cover her living expenses - and then she got fired.

Yelp denies ...

Wild, wonderful West Virginia is going right-to-work.

Republicans in the state legislature passed the Workplace Freedom Act and yesterday overrode a veto byWest Virginia postcard.flickrCC.NoeAlfaro Democratic Gov. Earl Ray Tomblin. Also yesterday, the West Virginia Republicans overrode Gov. Tomblin's veto of legislation that repeals the state's prevailing wage law.

"Right to work" is often confused with "employment ...

Michigan Capitol Rotunda
"I'm dizzy!"

Holy Toledo! (Or should I say, Lansing?) Here is our next celebrity employment lawsuit soap opera . . .

You may have heard about the two Tea Party legislators in Michigan who were having an affair, engaged in a bizarre cover-up that failed, had to resign/were expelled, and then lost their election bids to get their seats back. It was a big deal over the summer and into the fall ...

Last week, we talked about 20 things an employer should ask itself before terminating an employee. In the interests of fairness, here are 10 things that an employee should ask before suing an employer. You should know that I generally don't believe that lawsuits are the best way to resolve problems. (I realize that there are exceptions.)

BEFORE YOU GO ON, PLEASE READ THIS!!!! I ...

So you think you're ready to terminate an employee. Are you really?

Magic 8-Ball.flickrCC.WaiferX
"Uh-oh."

Here are 20 questions that every employer should ask itself before going ahead with a termination. If you think I've missed anything, please feel free to add your own in the comments.

GETTING STARTED

No. 1. Is the employee covered by a collective bargaining agreement? If so, make sure that whatever you do is ...

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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