Peterson, Logren & Kilbury, P.A.

AHRA Conference(Employment Law

Seminar)

Brent Kleffman

Peterson, Logren & Kilbury, P.A.

THE NURSE 57 year old nurse. Positive performance evaluations over two

years Ongoing personality, attitude and

insubordination issues with supervisors Multiple verbal instances of discipline and

counseling. None documented. Employee later terminated in writing for

incident labeled “HIPAA Violation”

Peterson, Logren & Kilbury, P.A.

THE ADMIN Administrative assistant Diagnosed with severe depression Over next 2 years supervisor met with her 4 times to discuss

performance issues. Each documented with list of performance that needs to be achieved.

In last letter reiterates the areas of concern and said “Failure to achieve immediate and sustained improvement will result in future discipline up to and including termination.”

5 days later requests FMLA and its granted. While Plaintiff on FMLA leave, the supervisor finds a number of

unprocessed invoices that were supposed to be sent out before she left

Plaintiff terminated for this deficiency the day she gets back from leave.

Peterson, Logren & Kilbury, P.A.

THE LIEUTENANT Lieutenant in Army Reserve Manager of a sales division and no prior documented

performance issues. Goes on military leave for 7 months His replacement (the COO) finds he was poorly organized,

rarely met with sales team, did not properly schedule service calls, gave excessive overtime and used cell phone for personal use

Documented all observations in an “Performance Log” Upon his return from war, he is demoted to sales

representative, moved into a cubicle and reduced his salary He gives 2 weeks notice and is terminated immediately.

Peterson, Logren & Kilbury, P.A.

THE CABINET MAKER Man in his 50’s with degenerative disc disease

in cervical spine Has done cabinet making (general labor) for 20

years Has ongoing pain in neck and upper shoulders.

Needs regular chiropractic and massage treatment to stay functional. Doesn’t want to pay for it

Files a Gillette injury work comp claim Does not have work restrictions and continues

to work for employer

Peterson, Logren & Kilbury, P.A.

THE HOSPITAL STAFFER Diagnosed with bipolar disorder. Employer aware of that

diagnosis. For 8 years worked under supervisor who let her work

from home when she needed to. During 8 years met or exceeded performance

expectations. New supervisor took over and in the first week said no to

plaintiff working from home. Said she needed to take sick day if she stayed home. Said on-site attendance during regular hours essential function of job.

Plaintiff’s performance suffered and was fired.

Peterson, Logren & Kilbury, P.A.

THE STORE CLERK Plaintiff was a grocery store clerk who had throat cancer. She needed to be able to constantly drink water for treatment.

As a result she frequently had to urinate. Store policy prohibited beverages at checkout stand and from

leaving check out stand without permission. For one year store manager let her have water and made sure

that he or another co-worker covered checkout whenever plaintiff asked to use restroom.

New manager started at store. New manager not aware of plaintiff’s condition or prior accommodation.

One shift, shortly thereafter, plaintiff asked to use bathroom, but manager said no—she had to wait until no customers. Customers were lined up at checkout.

10 min. later plaintiff asked manager again over intercom and manager said no—everyone is busy. Plaintiff urinated on herself.

Peterson, Logren & Kilbury, P.A.

THE TRAVEL AGENT Black female joins travel agency in southern U.S. Travel agency co-workers and supervisors primarily

Hispanic and speak Spanish All become “friends” on Facebook. Co-workers primarily write in Spanish. Refer to plaintiff

as “cocolo”. In a picture of plaintiff, supervisor writes “good thing you smiled or I wouldn’t be able to see you.”

Company allowed employees to use Facebook during company time.

Plaintiff reports hostile work environment to HR. Company investigates, reviews harassment policy with people involved, and blocks access to Facebook for all office computers.

Peterson, Logren & Kilbury, P.A.

THE RADIOLOGY TECH Young female radiology technician in small rural

hospital Supervisor would rub her arms and back Was “friends” on Facebook with most co-workers,

including HR asst. at hospital Never reported touching to HR director or

administration During work hours, posted statements on Facebook

from phone saying things about supervisor like “he needs to keep his creepy hands to himself”, “so gross”, and “just an all around d-bag”

Plaintiff later files sexual harassment lawsuit.

Peterson, Logren & Kilbury, P.A.

THE TWITTERER (or other social media)

Employee writes “my boss/company/product” sucks!

Compare to

Employee writes “my boss/company/product” is making my working conditions unbearable!

Compare to

Co-employees writes “I agree. We need to do something!”