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Is There a Difference Between ‘Fired’ and ‘Laid Off’?

While there is little to no practical difference between a layoff and a termination (in both cases, the employee lost his or her job), in the minds of employees the difference is both real and significant, says Attorney Matthew Effland Effland, a shareholder at Ogletree, Deakins, Nash, Smoak & Stewart’s Indianapolis office, made his remarks […]

Accommodation Doesn’t Prevent Corporate Reorganization

By Jennifer Shepherd and Gulu Punia It’s a common question. A Canadian employer is restructuring and an absent employee is affected. Can the employer fire the employee if he or she is on disability or other leave? A recent Federal Court of Canada decision, Tutty v. MTS Allstream Inc., has confirmed that the answer is […]

The Best Harassment Prevention Prescription is to Train, Train, Train

[Go here for 1 to 5] 6. A superior blocks a promotion for a subordinate who has firmly stated that the superior’s sexual remarks were unwelcome. This is another example of potential tangible employment action harassment. Of course, the superior can argue that he or she blocked the promotion for a good business reason, but […]

Model notice for new Massachusetts paid sick leave law published

by Kimberly A. Klimczuk The Massachusetts attorney general (AG) has published a model notice that employers may use to fulfill their obligations to notify employees about the state’s new earned sick leave law that goes into effect on July 1. In addition, the AG has issued a new “safe harbor” notice that makes it easier […]

Top 10 Potential Perils of Employment Policies

Almost every employer has policies. The question is, where do they come from? They come from HR, right? But where does HR get them? They must get them from somewhere. And what if you don’t have an HR department? Then someone must have to — gasp — write them. We’re talking about your employment policies […]

Employees Hold the Key to Employers’ Data Security

by Mark Wiletsky It has become almost commonplace to hear that a government agency or private corporation has been the victim of a data security breach. As a result, hundreds of customers’ or employees’ personal data is at risk of being used for criminal purposes such as identity theft. Approximately 70 percent of those breaches […]

That’s What She Said named to ABA Journal’s Blawg 100

For the second year in a row, we’ve been selected as one of the ABA Journal’s Blawg 100, a list of the 100 best blogs for lawyers as chosen by the editors of the ABA Journal, the flagship magazine of the American Bar Association. They’re running a contest to determine which blawgs are the most […]

Political Discrimination: The Elephant in the Room?

By Jeremy M. Brenner The First Amendment to the U.S. Constitution prohibits a state employer such as a university from discriminating against applicants and current employees based on their political beliefs or affiliations except in very limited instances. If an applicant or employee can demonstrate that her political views or associations caused a state employer […]

American Companies Are ‘Terrible at Flex’ (Sir Richard Branson)

Sir Richard Branson, Arianna Huffington, and Michael J. Fox all spoke at the recent SHRM Convention and Exhibition in Las Vegas—and each had a few timely hints for HR Managers: Sir Richard Branson, the British entrepreneur who has started about 300 companies, doesn’t think much of American policies regarding flextime and vacations. He calls the […]