Do office rules apply outside the office?
We are a small company with 8 full-time employees, all men. Recently, we had an end of Summer party at the beach on a [...]
About Ann Kiernan
Ann Kiernan has litigated claims of wrongful discharge and discrimination before state and federal courts and administrative matters before the New Jersey Division on Civil Rights, the National Labor Relations Board and the Equal Opportunity Employment Commission, representing both employers and employees. Ms. Kiernan co-hosted The Employee Rights Forum, a weekly radio call-in show reaching up to a half-million listeners in the New York metropolitan area, and her articles on employment law have been published in many books and magazines. Both as a firm partner and as a director, Ms. Kiernan gained solid experience in management and human resources compliance. She has worked with Fair Measures since 1997.Note to Harassment Victims: Make Sure You Use the Employer’s Harassment Policy!
Roger Ailes. Bill O’Reilly. Harvey Weinstein. Celebrity chef John Besh. Michael Oreskes, senior vice president for news at National Public Radio. Mark Halperin, political [...]
Can a manager tell an employee that she should take her medication in front of other staff?
Ann Kiernan replies: No! Employee medical information is confidential. In addition, in its enforcement guidance “Reasonable Accommodation and Undue Hardship Under the Americans with [...]
Can I get fired for calling out from my first job to go train for another job?
Ann Kiernan replies: Assuming that you are an at-will employee, I am sorry to tell you that the answer is yes. Terminating an employee [...]
What rights do employees have to view their own records?
For example, I'm under the impression that employees can view their personnel files. What about contracts signed upon engagement, including such things as non-compete [...]
California Issues New Workplace Harassment Guide for Employers
In May, 2017, the California Department of Fair Employment and Housing (DFEH) issued its Workplace Harassment Guide for California Employers, which focuses on ways [...]
Can I go on vacation while I am on FMLA leave?
I have had a trip to Florida planned since the beginning of the year. I have been out of work with a back problem [...]
My employer overpaid me. Do I have to pay it back? If so, how?
My employer overpaid me about $2,500 net last year. I discovered this when I went through pay slips for my tax filing and I [...]
As an employer, can we ask employees the reason for taking PTO?
Ann Kiernan replies: Not only can the employer ask, sometimes it should. For instance, if an employee calls out three days in a row, [...]
Managements Use of Stereotypes Leads to $1.4 Million in Emotional Distress Damages
Ramon and Jeffrey Cuevas are brothers who worked for Wentworth Property Management Corporation. Ramon was hired as a regional vice president, the only one [...]