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EEOC Study: Preventing Harrassment in the Workplace

Posted by Goosmann Law Team on Feb 23, 2017 12:06:35 PM

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Topics: Human Resources on Your Side

Bullying: not just a problem for schools

Posted by Goosmann Law Team on Sep 23, 2016 10:55:24 AM

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Topics: HR Legal Insider

Defend Trade Secrets Act: Update Your Employee Handbook to Protect Your Trade Secrets

Posted by Goosmann Law Team on May 26, 2016 12:04:23 PM

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5 Reasons Why You Should Hire Moms

Posted by Goosmann Law Team on Apr 1, 2015 12:42:00 PM

Federal and state laws prohibit companies from discriminating against a job candidate due to gender. Yet some companies hesitate to hire women with kids. I’m here to argue that motherhood (and fatherhood, for that matter) should be considered a plus if a candidate mentions she has kids (but a company may not ask whether a candidate has kids!). Here’s why moms are the dynamos of the workforce:

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Topics: Human Resources on Your Side

4 Surprising Ways an Employee Can Claim Retaliation in the Workplace

Posted by Goosmann Law Team on Mar 23, 2015 8:25:00 PM

When an employee files a complaint with the Equal Employment Opportunity Commission (EEOC) or just reports internally, a well-thought out company response is vital to preventing the situation to escalate. Not only do these situations become toxic for the company culture, they also come with hidden legal risk. Managing your response and training supervisors is key. Many employers are surprised when they are caught up in litigation after an employee has lodged a complaint, because the situation unfolded in an unexpected manner or they did not foresee risk.

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Topics: Human Resources on Your Side

What Sex-Plus Means to You and Your Employers

Posted by Goosmann Law Team on Mar 18, 2015 11:22:00 AM

Everyone knows that a company may not discriminate against an employee for being male or female. (If this is news, stop reading this and run to see your lawyer. Immediately). But do you know that sub-classes of a protected class (females, for instance) are also protected? These are called “sex-plus” cases, which means the discrimination is based on sex-plus an additional criteria. This type of discrimination began to be recognized in the 1970s, when a case called Phillips v. Martin Marietta Corp. was decided. In that case, a company would not hire women with young children, but would employ women without young children, as well as men with young children. Since then, other cases have found it illegal for companies to discriminate against other subclasses, such as black females (Jeffries v. Harris County Community Action Association) and women of a certain age (James v. Telflex, Inc.). Employers should follow policies which ensure they do not discriminate against members of a protected or sex-plus class.

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Topics: Human Resources on Your Side

3 Things You Should Know About the New FMLA Rule for Employees in Same-Sex Marriages

Posted by Goosmann Law Team on Mar 10, 2015 9:31:00 AM

The Department of Labor (DOL) released a new rule, effective March 27, 2015, redefining spouse to include same-sex married partners under the Family Medical Leave Act (FMLA). The DOL acted in conformance with the Supreme Court’s decision in United States v. Windsor, which held parts of the Defense of Marriage Act unconstitutional. Here’s what it means for employers:

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Topics: Human Resources on Your Side

Why is Obamacare in the Supreme Court Again?

Posted by Goosmann Law Team on Mar 6, 2015 9:25:00 AM

Look who's back... Back again... Obamacare in the Supreme Court.

The Supreme Court already scrutinized the Affordable Care Act in 2012, when it held the law was properly enacted by Congress as part of its taxation powers. Three years later, the Supreme Court Justices will hear another attack based on eight words of the law. This week, the Court heard oral arguments in King v. Burwell, which challenges the law’s subsidies to citizens in the states who use the federal exchange, rather than create their own exchange. Why?

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Topics: Human Resources on Your Side, Employment News and Insights

Smoking E-mail: What to Do with Misconduct Discovered After an Employee is Fired

Posted by Goosmann Law Team on Feb 4, 2015 7:00:00 AM

A company terminates an employee for misconduct or violation of company policies. After the worker leaves, other employees go through the fired employee’s customer files (physical or digital) and e-mails, discovering misconduct on a different level or manner than the employer even knew about. The employee then sues the employer for wrongful termination (due to a discriminatory reason) and/or breach of contract. Can the company use this evidence to justify its termination, even though it didn’t even know about it until after the employee was fired?

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Topics: Human Resources on Your Side

Top 5 Mistakes Employers Make When Constructing a Dress Code

Posted by Goosmann Law Team on Jan 28, 2015 10:38:00 AM

Private-sector firms are given some latitude on what they can and cannot include in a dress code. For the most part, a dress and appearance policy that is based on a reasonable business interest is allowed. However, there are some limits to a private company’s ability to control its employees’ appearance.

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Topics: Human Resources on Your Side

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