Firm News

If I’m applying for jobs, can an employer demand to see what I’ve shared with friends on Facebook? Can a prospective employer decide not to interview me because I look old in my LinkedIn photo? What if someone has posted something horrible (and untrue) about me on social media? On March 13, 2017, David L. Scher, a principal of The Employment Law Group® law firm, offered his thoughts about all… [Read more]

What’s ahead for employment law after the Republican Party’s sweep in this week’s congressional elections? While some employee-friendly initiatives are non-starters for the new 114th Congress, measures with strong bipartisan support — whistleblower protection, in particular — should move ahead quickly as Republicans try to show they can get things done, according to the attorneys of The Employment Law Group® law firm. In addition, President Obama may issue some targeted… [Read more]

Law360 highlighted the views of David Scher, principal of The Employment Law Group® law firm, in its analysis of a new Senate subcommittee led by Sen. Claire McCaskill (D-Mo.) . Mr. Scher said that Sen. McCaskill, a former prosecutor, would help build the Subcommittee on Financial and Contracting Oversight (FCO) into a safe and logical place for whistleblowers to report wrongdoing by federal contractors. “This is clearly her bailiwick and her pet,”… [Read more]

This week, President Barack Obama signed into law S. 743, Whistleblower Protection Enhancement Act (WPEA), thereby strengthening protections afforded to federal employees who blow the whistle on fraud, abuse, and waste in the public sector. Among its many enhancements to whistleblower protection, the WPEA will: Ensure that whistleblowers receive protection even if they were not the first to report the wrongdoing or if reporting the wrongdoing or fraud was done… [Read more]

Discriminatory comments made by a manager can constitute circumstantial evidence of discrimination, even when that manager is not the decision-maker. Employers should have clear policies against discrimination of any kind, and must enforce a zero tolerance for discriminatory remarks. It is especially important that this policy be applied equally to members of management and supervision. Remarks made by any management level employee can constitute indirect evidence of discrimination if that… [Read more]

Severance packages should provide for single-event, lump sum payment rather than periodic payments over a period of time. According to a recent opinion of the U.S. Court of Appeals for the 7th Circuit, which covers Illinois, Indiana, and Wisconsin, if a severance plan requires any administration at all, then it will be governed by the Federal Employee Retirement Income Security Act. The reason that this matters is that actions by… [Read more]

Given the United States Supreme Court’s March decision in Circuit City v. Adams, 121 US 1302 (2001), regarding the applicability of the Federal Arbitration Act to employment contracts, employers who use mandatory Arbitration Clauses in Employment Contracts need to review the clauses to ensure their enforceability. We have written often in recent months about the enforceability of Arbitration Clauses in Employment Contracts. In Circuit City v. Adams, 121 US 1302… [Read more]

When an employee seeks a change in the terms or conditions of her employment pursuant to the Americans with Disabilities Act, Employers must consider a range of options in order to meet its obligations regarding an interactive process to reach an accommodation, according to a recent Federal Appeals Court decision. The Americans with Disabilities Act requires that an employer of an employee covered by the act, seek “reasonable accommodations” for… [Read more]

Employers may wish to consider formalizing promotion and vacancy announcement processes in response to a recent Federal Appeals Court decision which increases an employer’s exposure to claims of discriminatory failure to promote. A Federal Appeals Court recently ruled that an Employee need not seek promotion in order to sustain a discrimination claim of failure to promote. (Dews v. A.B. Dick Co.), 84 Fair Empl. Prac. Cas. (BNA) 408, 2000 WL… [Read more]