New Employment Law Ruling could Affect You

On December 4, 2014, the Eleventh Circuit upheld summary judgment in favor of an employer against a pregnant employee who requested FMLA, who had been told "that [her] pregnancy was affecting [her] effectiveness" at work, and who had complained to the Ethics Hotline about the comments and actions taken against her.

The case is Torres-Skair v. Medco Health Solutions, Inc.  In this case, the employee claimed that she was discriminated against due to her pregnancy, and that she was retaliated against after making complaints about the discrimination.  However, the employer was able to overcome the employee's claims of discrimination based on pregnancy, as well as her retaliation claim. The Eleventh Circuit ruled that "deficient job performance remains a non-discriminatory basis on which employers may make employment decisions, so long as performance standards are applied in equally."

In this case, the employee was unable to show an unequal application, which negated her claim of discrimination. The employee's claims that she was unfairly placed on administrative leave and then terminated did not persuade the Court.  The employer was able to offer three valid and non-discriminatory reasons for its actions against the employee, which precluded the employee's claim of pretext.  The Court also supported its conclusion that that there was no pretext "by relying on the employer's good faith belief and not on the employee's perception."

The Court also rejected the employee's retaliation claim, stating that the employee's contention that there was a causal connection between her complaints and adverse action was nothing more than "mere speculation" and far too indirect to be actionable.

If you have a question regarding your employment rights, contact Ambuter Law for your free case evaluation.

Employer's Hosting a Company Holiday Party? Do's and Don'ts You Should Follow...

     That's right.  It's back.  The office holiday party.  Here are a few things you need to remember when attending your company's holiday party.

Show up.  If you're invited to your company's holiday party, you should go.  It's an opportunity for you to meet people, and make a good impression on your boss and co-workers.

Dress code.  If there's a dress code, stick to it.  Your company's holiday party is not the time to be showing up in your tiny dress or wearing inappropriate clothing.

Stay sober.  Getting drunk at your company's holiday party is a big no-no.  It's best to set a guideline before attending the party and sticking to it.  Now is not the time to party like you did back in college.

Be engaged.  Don't act like you don't want to be at the party.  Talk to those around you.  Don't stand in the corner and text or play around on your phone.  Start conversations with friends and new people.

Say thanks.  Don't forget to say thanks when leaving the party.  Whether it's hosted by your company or a co-worker, a thank you goes a long way.

OSHA Recommends Stores to Take Precautions on Black Friday

OSHA is recommending that major retailers set up crowd management plans as a safety precaution to protect workers from being injured or trampled by customers on Black Friday.  OSHA's recommendations are in response to increased shopping that have caused dangerous workplace hazards, even leading to a worker being trampled to death in 2008, on the busiest shopping day of the year.

OSHA is recommending that each store's crowd management plan includes on-site security guards, barricades for customers as they wait in line to enter the store, an explanation to the customer as to how they can enter the store safely, limits on how many customers can enter the store, and an emergency plan when something goes awry.  OSHA's guideline also advises stores to plan ahead and have the proper amount of staffing to manage the crowds, and urges stores to have a separate entrances for staff so that they can enter and exit the store safely.

OSHA issued these guidelines so that staff and employees can enjoy the busiest shopping day of the year in the safest manner possible.

This blog was posted by Ambuter Law, an employment law firm focusing on employee rights.  If you have a question regarding your rights in the workplace, contact Ambuter Law for your free case evaluation.

Do's and Don'ts in the Workplace on Election Day

It's that time of year - election time.  With the hustle and bustle of voting in the election and still maintaining professionalism in the workplace, there are a few Do's and Don'ts that employers should be aware of on election day.

1) Do allow time for your employees to vote.  Although Florida does not have a specific law allowing employees time off to vote, it's usually a good business practice to allow your employees to take extra time during lunch so that they can vote in the election.

2) Don't pressure your employees to vote for a specific candidate.  It is a federal crime for an employer (or anyone else) to interfere with an individual's ability to vote for federal candidates, to coerce an individual to cast a ballot in a specific way, or to bribe an individual in exchange for voting a certain way.  See 18 U.S.C. § 594 and § 597.

3) Don't allow employees to conduct political activities in the workplace.  While an employee is entitled to their own political views, you don't want your employee discussing or raising those views in the workplace.  Heated political discussions may erupt, which may cause distraction and animosity in the workplace.  Private employers should consider limiting these types of discussions in the workplace, and find an avenue for uncomfortable employees to voice their concerns.

This blog was posted by Ambuter Law, an employment law firm focused on representing employees. 

Want Less Drama In Your Life?

Want less drama in your life?  Be honest when you're asked to be honest.  Unfortunately, not every client is as upfront and honest as they should be with their attorney.  They may think that if their attorney knows the truth behind a situation, that their attorney may think less of them or judge them.  Or they may think that their attorney may never find out the truth.  However, the truth usually comes out in one form or another, and it's usually better if it comes from the client first rather than from a third party or opposing counsel. 

Also, by not telling the truth, the client is actually limiting or affecting the path that their attorney would take in representing them.  So while the client may think that he is helping the situation or protecting himself, he in fact could actually be hurting himself. 

So why do I write this?  To inform individuals about the benefits of being honest with your attorney.  It may be embarrassing or intimidating to disclose the full truth of a situation to your attorney, but you and your attorney will be much happier that you did.

Ambuter Law focuses on representing employees in employment law matters.  If you have a question in regard to your employment rights, contact Ambuter Law for your free case evaluation.

Judge rules in favor of EEOC's investigation of company

On September 19, 2014 a federal court ordered KB Staffing, Inc. to comply with a subpoena issued by the EEOC during its pending investigation.  The subpoena, issued in December 2013, seeks information relating to a charge filed alleging that KB Staffing required current and prospective employees to submit to a health questionnaire prior to employment. 

The charge alleges that the applicant was not hired because she refused to submit the pre-offer health questionnaire.  Based on this complaint, the EEOC charged the company in violation of the Americans with Disabilities Act (ADA).  KB Staffing argued that the subpoena was outside the scope of the charge.  However, these arguments were rejected by the court.

"EEOC maintains the authority to investigate whether KB Staffing engaged in systemic discrimination when it used a pre-offer health questionnaire during its application process, despite the victim-specific relief it could pursue on the Charging Party's behalf and despite KB Staffing's assertion that it ceased use of the health questionnaire as of December 2012," the judge wrote (EEOC v. KB Staffing, LLC, No. 8:14-mc-41 (M.D.Fla. Aug. 28, 2014) (Report and Recommendation, A. Porcelli, M.J.).

Now that the EEOC has the go-ahead to proceed with its investigation in regard to the subpoena, it should be interesting what is found.

Blogging about the Workplace

With all of the social media outlets, it's bound that some frustrated employees may blog about their workplace.  However, you need to be careful if you're thinking of posting your feelings about your workplace on the internet.  If you live in an employment at-will state, your employer can terminate you for your posts, even if the posts are written after work hours.  Also, if living in an employment at-will state, your employer can terminate you for things that they deem inappropriate, i.e. inappropriate non-work related posts or pictures.  So, what's the solution to this?  Don't post about your work on the web, and use discretion when posting non-related work comments or pictures.

Are there any protections an employee may have against their employer taking action against them for internet posts?  Maybe.

1) If your internet post contains workplace complaints relating to FMLA, discrimination, a hostile work environment, wage and hour violations, you may be protected from your employer taking disciplinary action against you.

2) An employee who raises concerns about illegal activities or safety concerns at work be pay protected as a whistle blower. 

Also, some states now are enacting laws preventing employers from terminating employees based on their after-hour internet posts. 

If you have a question or concern in regard to your rights in the workplace, contact Ambuter Law for your free case evaluation.