With the play-in games underway, March Madness has officially descended upon employers everywhere. An estimated 40 million Americans will fill out tournament brackets, and chances are all of them will be imperfect (1 in 120.2 billion to be exact, and that’s only if you know a little bit about basketball).  During this time of the year, employers should keep in mind legal implications of any office bracket pools, and should plan to keep a closer eye on productivity given how much is typically lost in March.  Whether employees are working from home or from the office, chances are they may use their work time to make picks. And when the tournament begins, you can be sure that many employees will be checking scores during their work time, if not actually watching the game. This post will serve as a helpful guide to employers on March Madness issues  in the workplace, including gambling and lost productivity, and will provide helpful recommendations on how employers should navigate them.

Continue Reading An (Updated) Employer’s Guide to March Madness

Is it considered identify theft? Interview fraud? Maybe something like the prank that Jim and Pam pulled on Dwight when they replaced Jim with an actor? Whatever it is, employers should beware that applicants are no longer just puffing the proficiency of their skills, but have come up with surprisingly bold and creative ways to fraudulently secure a job through the virtual interview process.

One recent example of what the New York Times terms “extensive image creation” was reported by askamanager.org. A company’s new hire turned out not to be the same person that was interviewed for the position. After three rounds of interviews, one of the hiring managers noticed that something was off with their new hire after a little over a week on the job. The first signs that something was afoot included the new hire wearing glasses when he had worn none during his interview, and he had completely different hair. The new hire had previously made references to being single during his interview from an indoor desk area, but he now spoke with coworkers about having to work in the garage because his three children and wife were at home. He also “re-introduced” himself to an HR Business Partner who was on two of three rounds of interviews and had extensive discussions with the new hire. Even more, the new hire couldn’t answer questions which were pivotal to the position even though they were previously confidently and articulately discussed in the interview.

Continue Reading Who are you and what did you do with my job candidate?

It’s not surprising that employers don’t approve of employees “shredding the gnar”* when they’re supposedly unable to work because of a serious medical condition. And that’s exactly what happened in Botelho v. Mayorkas, where a former Behavior Detection Officer for the TSA who worked at the Honolulu International Airport was fired for Family and Medical Leave Act abuse after his employer discovered that he was making snowboarding movies while apparently using FMLA to take an extended vacation.
Continue Reading Extraordinary Employee Misconduct: Making Snowboarding Movies While on FMLA?