How Not to Fire High Profile Employees

By Lauren E.M. Russell

The more technological of our readers may be aware of a brouhaha involving a website named Reddit.  Reddit is best known, among the general population, for conducting structured question-and-answer sessions called Ask Me Anything (AMA), in which subjects respond to questions posted by Reddit users. The subjects of an AMA may range from the mundane (a trash man) to extremely high profile politicians, including President Obama. One Reddit employee, Victoria Taylor, was largely responsible for organizing and facilitating AMAs. She was fired in early July, and the resulting firestorm offers many lessons in what not to do when terminating a high profile employee. Continue reading

Compassionless Court Kicks Marijuana Claim

By Michael P. Stafford

Marijuana is back in the news here in Delaware. Our state’s first Compassion Center is set to open later this month and legislation decriminalizing the sacred herb has been signed into law by Governor Jack Markell.  medical marijuana_3

Delaware is by no means unique-it is part of a national trend towards decriminalization and even legalization occurring at the state level across the nation. However, as far as the federal government is concerned, marijuana remains illegal. Essentially, America is becoming a veritable patchwork quilt of differing, and inconsistent approaches-a situation that is creating headaches for employers, particularly those with national or multi-state operations, striving for consistency and uniformity in their drug policies. Continue reading

3d Cir. Rules on FMLA Definition of Overnight Stay

By William W. Bowser

Under the Family and Medical Leave Act, an eligible employee can take up to 12 weeks of protected leave for his or her own “serious health condition.” A “serious health condition” is defined by Department of Labor’s regulations as one “that involves inpatient care … or continuing treatment by a health care provider.” While many FMLA cases have focused on the meaning of “continuing treatment,” the definition of “inpatient care” has seen little review. A recent decision by the Third Circuit Court of Appeals, which covers Delaware, recently focused on the issue. Continue reading

Guidance for Employers from Abercrombie

By Barry M. Willoughby

At our recent Annual Seminar, we discussed, EEOC v. Abercrombie & Fitch Stores, Inc., an action involving alleged religious discrimination in connection with a refusal to hire that was then pending before the U.S. Supreme Court.  Attendees at the seminar will recall that the case involved an applicant for employment at Abercrombie who was turned down based on the Company’s “look policy,” because she wore a head scarf.  Although the interview for this position did not involve any discussion of whether the applicant wore the scarf for religious reasons, and/or whether she would require an accommodation to allow her to wear the scarf while at work, the EEOC investigation established that the company’s representatives believed that the applicant was wearing the scarf for religious reasons and refused to hire her on that basis. Continue reading

Delaware Social Media Privacy Law Moves Ahead

At our Annual Employment Law Seminar last week, I spoke about the “Facebook Privacy” bill that was then pending in Delaware’s House of Representatives.  The bill passed the House on later that day and is now headed to the Senate.  For those of you who weren’t in attendance last week, here’s a brief recap of the proposed law.  Continue reading