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Terminated Problem Employee Points to Discrimination, Retaliation as True Motives

HR Daily Advisor

Court of Appeals for the 3rd Circuit—which covers Delaware, New Jersey, and Pennsylvania—recently upheld an employer’s trial court victory, providing useful guidance for employers seeking to manage difficult employees in the midst of workers’ compensation claims. Alleged Discrimination and Retaliation.

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Case for Consistency: Treatment of Manager Prevents Dismissal of Age Bias Claim

HR Daily Advisor

A New Jersey federal court recently declined to dismiss an age discrimination lawsuit because an employer’s failure to discipline employees in a consistent manner could be construed as evidence of discrimination. Bruce” began his employment with General Nutrition Corporation (GNC) as a sales associate in 1999.

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3 Steps to Protect Information While Leveraging Social Media

HR Daily Advisor

The number of companies maintaining a corporate presence on social media rose from 34% in 2008 to 77% in 2013 according to SHRM Survey Findings: Social Networking Website and Recruiting/Selection. partner with the law firm of Faegre Baker Daniels LLP., partner with the law firm of Faegre Baker Daniels LLP., Garrison , Esq.—partner

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Why I’m a management-side lawyer

Ohio Employer's Law

Today, I look all the way back to April 15, 2008, for one of these reruns, to answer the question—. In a perfect world, discrimination, retaliation, and harassment wouldn’t exist. In a perfect world, discrimination, retaliation, and harassment wouldn’t exist. It’s my job to make sure that employers understand this dynamic.

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Your employee uses medical marijuana. Her drug test is positive. But, how do you know if she was high at work?

The Employer Handbook

“I want to blog about this important, brand new medical marijuana employment law decision. This is a burgeoning area of the law, and this particular decision will enlighten my readers like few others I’ve written about.” Don’t get smoked like this employer. (I Image Credit: Pixabay ([link].

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Does Mine Supervisor with Bad Back Have Disability Bias Claim?

HR Daily Advisor

Terminated employees who sue often file claims for unlawful discrimination and breach of the covenant of good faith and fair dealing. Recently, the Alaska Supreme Court analyzed how a claim for breach of the covenant of good faith and fair dealing relates to a disability discrimination claim. He had unsuccessful back surgery in 2008.

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Does the ADA Require Noncompetitive Transfers? Courts Remain Split

HR Daily Advisor

10-cv-01699, 2012 WL 718503 (March 7, 2012), that “ADA does indeed mandate that an employer appoint employees with disabilities to vacant positions for which they are qualified, provided that such accommodations would be ordinarily reasonable and would not present and undue hardship to that employer.”. United Airlines Inc. ,