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Employer Says Gross Misconduct Means No COBRA Coverage for Ex-employee

An employer provided enough evidence raising questions of a former employee’s possible gross misconduct to ward off her summary judgment motion regarding a COBRA notice claim. The employer noted the individual had committed gross misconduct by quitting the job without notice, refusing to follow supervisor instructions and initially lying about why she left work early […]

Dealing with the Godzillas in Your Workplace

Difficult people—whiners, liars, know-it-alls, condescenders, busybodies, lazy bones, and exploders, and those who are always right—are everywhere, says psychologist Bruce Christopher. Our Godzillas can be our coworkers, customers, supervisors, neighbors, and even family members, says psychologist Bruce Christopher, who offered his tips at the recent Society for Human Resource Management’s Annual Conference and Exposition in […]

Three-Fer

Litigation Value: Counseling for everybody! Last night, NBC treated us to a holiday extravaganza. If last week’s two-part “Classy Christmas” wasn’t enough “Office” for you, we got the joy of three episodes last night! That’s right, three full episodes of Michael and the gang, acting ridiculous as usual. I recapped “Counseling” and my talented colleagues […]

What Does the C-Suite Really Think About HR?

Botwin, founder of SPC Consulting, offered the following tips at BLR’s 2013 Strategic HR Summit held recently in Scottsdale, Arizona. What the C-Suite Thinks HR Does Says “No” Hires and fires Controls with rules and enforcement Generates costs and overhead Gets in the way What HR Really Does Looks out for the company Makes sure […]

FLSA Compliance: Dispelling the Great Myths

The Fair Labor Standards Act (FLSA) is a tricky statute that creates a landmine for unwary employers, says attorney Ted Boehm, and it’s made worse by a number of misconceptions and myths commonly believed by employers. For example, says Boehm, there’s the misconception that employers may provide “comp time” in lieu of overtime compensation. For […]

return

A Tough Year for the Return to Office Crowd

With the vast majority of Americans having received at least one COVID-19 vaccination and millions fully vaccinated and boosted, there was widespread optimism among business leaders that 2022 would be the year employees finally returned to the office after 2 years of COVID lockdowns and remote work. But employee resistance amid a tight labor market, […]

TPA May Not Be Sued for MHPAEA Violations, Court Rules

A third-party claims administrator may not be sued for violating the Mental Health Parity and Addiction Equity Act because the law by its terms applies only to group health plans and their insurers, a federal district court ruled. Related ERISA claims against the TPA were also dismissed because the company was not the “plan administrator” […]

Illinois court makes noncompete agreements harder to enforce

by Steven L. Brenneman In a decision handed down June 24, the Illinois Appellate Court, First District, found a restrictive covenant unenforceable because of a lack of adequate consideration (something given in return for the employee’s agreement not to compete). The court ruled there must be at least two years of continued employment to constitute […]