Almost every nonunion company’s employee handbook has the standard clause: employment is at-will. This indisputably is a permissible term of employment, right? The answer to that question depends on how the policy is phrased. According to recent pronouncements from the NLRB, if a “reasonable employee” could read such a policy as making unionization futile, then
November 2012
HR Statements Can Be Evidence of Discrimination
By Fiona W. Ong on
Posted in Employment Discrimination
Human resources personnel recognize that they are usually not the decision-maker when it comes to employment decisions about other employees – rather, the decision-makers typically are those in the employees’ direct chain of command. Courts have generally held that inappropriate remarks by non-decision-makers are not direct evidence of discrimination. As noted by the federal district…