Posts in Employment at Will.

Often, when I get a call about a termination, the employee's boss has been primed to fire for weeks and is at wit's end by the time I hear about it. My job, along with that of the Human Resources representative who called me, is to talk the boss down, at least long enough to provide fair warning to the employee and to document the problems.

But every once in a blue moon, I will get the other type of ...

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I'm sure you have heard that Thanksgiving Day and the first day of Chanukkah will occur on the same day this year, creating the hybrid holiday, "Thanksgivukkah." And, according to Buzzfeed (do they have any expertise on this subject?), the two holidays will not simultaneously occur again for 70,000 years. How about that!

In honor of the occasion, here are eight things in the ...

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Two weeks ago, I wrote about whether harassment training should be offered to employees in "the Twilight Zone" -- mainly, lead persons and contingent workers (temporaries and independent contractors). Reader Paul C. suggested that I do a post on the dangers associated with keeping "temps" too long, which I thought was a great idea. So, Paul, thank you!

In our insecure economy, temps and ...

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If you fire an employee for an indefensible reason, chances are you will get a charge or a lawsuit out of it, even if the indefensible reason was legal. That's HR/Legal 101. (In other words, don't believe that "employment at will" propaganda.)

If you realize your reason wasn't too good and therefore "improve" it a little after the fact, that just makes things worse. If you "improve" it ...

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A court says veganism might be a "religion" requiring accommodation, a school district gets nailed for failing to engage in the "interactive process" under the Americans with Disabilities Act, and yet another employer makes an avoidable and very expensive mistake with a severance package. Fun and games!

Is veganism a religion? Could be. A federal judge in Ohio has refused to dismiss a ...

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Well! OK!

It's been an interesting week, hasn't it? Congratulations to President Obama on winning a second term. My Election 2012 coverage would not be complete without some labor and employment prognostications for Obama Administration II.*

*Please do not read these again in 2016 to see how accurate I was. I don't want to be known as the Dick Morris of employment law bloggers.

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It was a dark and stormy night.

Creeeeeeeeaaaaaaaaaaak . . .

Eeeeeeeeeeeeeeeeeeeeeeeeeeeaughhhhhhhhhh . . .

In honor of Halloween, here are nine things employers say that strike terror in the hearts of their lawyers. CAUTION: Pregnant women, anyone with a heart condition or seizure disorder, and anyone who is easily upset should stop reading NOW!!!!

No one will be seated after the ...

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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.)

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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 ...

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As they said at Bunker Hill, "Don't fire until you see the whites of their eyes!"

Last week, I wrote about early motions to dismiss employment lawsuits under Rule 12(b)(6) and questioned whether they were always the best strategy for the employer. Most of last week's post simply described the differences between a motion to dismiss, a motion for summary judgment, and a trial, as ...

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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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