The National Labor Relations Board (“NLRB”) recently concluded that an employee who made concerted complaints about compensation did not lose the protection of the National Labor Relations Act (“NLRA”) despite the fact that the employee dropped “f-bombs” in the face of the owner of the company.
All employers will be faced at some point with ending an unsuccessful employment relationship. California is an “at-will” state, so an employer may terminate an employee for any reason except an illegal one (for example, because of an employee’s race or gender). Sound simple? Not so fast.
I am a confessed foodie and enjoy learning and absorbing what I can about cooking, dining and entertaining. My television seems to automatically land on Food Network and one of my favorite shows is Chef Wanted with Anne Burrell.
Recently, the EEOC filed a lawsuit against Hire Dynamics, a staffing firm (click here for the EEOC press release). According to the complaint, after a Hire Dynamics employee filed a charge of discrimination against one of its clients, the staffing firm retaliated by failing to give the employee any further job assignments or opportunities.
If your company’s pre-employment testing process for new hires includesbackground checks and credit reports, please heed warning. The EEOC warns against using credit reports in employment-based decisions as they can create a “disparate impact,” arguing that credit scores in certain protected classes tend to be lower than in others. In recent years, they have tried to bring a few cases to court on these grounds.