Big Legislative Takeaways for Delaware

Saturday June 30 (and into the wee hours of Sunday July 1) saw the end of the fiscal year and with it came midnight and last minute (literally) deals in the Delaware General Assembly. Here were some of the biggest takeaways that will affect employment law: Continue reading

Is It Time to Rethink Your Zero Tolerance Drug Policy?

By William W. Bowser

Background

In my practice, drug and alcohol issues came to the forefront in the 90’s. There was a lot of publicity then about transit workers and big rig drivers causing accidents when they were high.

The Department of Transportation (“DOT”) responded by adopting regulations 5161819684_6b310a493b_zrequiring CDL drivers to be tested for drugs under various scenarios. These scenarios included pre-employment, post-accident, and at random. Every employer with at least one CDL driver had to adopt a pretty comprehensive drug and alcohol policy.  I drafted a lot of them.

Once the CDL drivers were covered, employers started expanding the scope of these policies to cover other employees. The stated purpose was to have an efficient and productive workplace and to protect the public. Continue reading

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

An HR Lesson from the Presidential Debate

I never discuss politics. Never. I don’t have the stomach for it, to be honest, and I avoid the subject like the plague. That said, I did manage to watch part of the Presidential Debate on Tuesday night. There are ample pundits who surely have more insightful (i.e., political) commentary than what I can offer. So I’ll gladly leave the politics to others and stick with what I know–employment law. Here’s one HR-related lesson that I took away from the debate. Continue reading

Reasons to Terminate: More Is Not Merrier

When terminating an employee, employers need only one reason. Of course, there is rarely just a single reason for reaching the decision. But the existence of multiple reasons does not mandate that each reason be shared with the employee.  In other words, when an employer makes the decision to terminate, there should be only one reason upon which the employer relies and which is shared with the employee-the “final straw.” When an employer changes its “final straw,” it raises doubts both with the employee and with the court and changing reasons are evidence of unlawful discrimination.  Continue reading