HOW DOES THE GRINCH WRECK YOUR OFFICE HOLIDAY PARTY? WITH LITIGATION, OF COURSE!

HOW DOES THE GRINCH WRECK YOUR OFFICE HOLIDAY PARTY? WITH LITIGATION, OF COURSE! By: Daniel A. Gwinn Holiday parties! Great food! Great drink! Wonderful conversation! And a fantastic breeding ground for lawsuits and litigation. Every year, we receive questions from employees and employers seeking to bring, or ward off, litigation after a holiday party goes wrong. This year, we have

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Internet for Personal Use at Work? By: Daniel A. Gwinn, Esq.

AN UNENFORCED POLICY MAY BE … UNENFORCEABLE QUESTION:  I’m a supervisor at a large company. The company has an Internet Policy forbidding use of company computers to access the Internet for personal use. Although all employees are required to acknowledge they have read the policy before they start on the job, the policy is widely ignored, although most people just

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Ask The Lawyer: “TOO FAT” TO PERFORM JOB?

WEIGHTY QUESTION: WHAT TO DO WHEN WORKER BECOMES “TOO FAT” TO PERFORM JOB? QUESTION: I run a cleaning service in the Detroit metro area. One of my workers, “Mary”, began to put on weight a couple of years ago; my guess is she has gained at least 100 lbs. She is now morbidly obese. I’m concerned that her weight is

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Ask The Lawyer, Manager in Name Only?

A MANAGER ‘IN NAME ONLY’ CAN COST EMPLOYER A BUNDLE QUESTION: I own several small restaurants in the metro area. The restaurants are run by a manager, who is in charge of hiring and firing, scheduling shifts, ordering food, and generally overseeing the entire operation within guidelines I set. I also have several assistant managers, who help out in the

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Ask The Lawyer, MANAGER ‘IN NAME ONLY’?

A MANAGER ‘IN NAME ONLY’ CAN COST EMPLOYER A BUNDLE QUESTION: I own several small restaurants in the metro area. The restaurants are run by a manager, who is in charge of hiring and firing, scheduling shifts, ordering food, and generally overseeing the entire operation within guidelines I set. I also have several assistant managers, who help out in the

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Ask The Lawyer, WHO NEEDS SLEEP?

WHO NEEDS SLEEP? NO LIMIT ON HOURS MEDICAL RESIDENTS – AND OTHERS – CAN WORK QUESTION: My son-in-law is a resident at a hospital. We visited with him and my daughter last weekend, and he looked exhausted. My daughter told me he had worked a 20-hour shift. Aren’t there limits on how many hours someone can be required to work

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Ask The Lawyer: Isn’t it against the law to discriminate against older workers?

OLDER WORKER THINKS HIRING PROCESS DISCRIMINATED QUESTION: I’m 57, well-qualified and experienced, and looking for a job – but I can’t even get an interview. I believe a lot of the firms I apply to discriminate against “older” applicants. Sometimes it’s pretty clear from the job description, that the employer is only interested in younger workers (the posting will say

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Ask The Lawyer, SEXUAL HARASSMENT SOMETIMES HARD TO DEFINE

SEXUAL HARASSMENT SOMETIMES HARD TO DEFINE QUESTION: With all the talk of sexual harassment and the #MeToo Movement, I’m afraid to interact with women at work, in case I somehow offend them. How can I make sure that normal office behavior isn’t somehow seen as sexual harassment? ANSWER: Sexual harassment in the workplace is not a new problem, but increased

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