Category Archives: managing legal matters

Why Am I Still Getting Sued By Employees?

(From Industrial Distribution Magazine). After covering union challenges and safety compliance concerns in previous articles, we’ll conclude the series by discussing those common employment law claims that continue to vex distribution employers. I will deviate from the usual format and … Continue reading

Posted in ADA, aging workforce, attitude/culture, discipline and discharge, discrimination, EEOC, employer policies, generational differences, harassment, managing legal matters, supervisor development, whistleblower/retaliation | Leave a comment

If Employees Are Unhappy With Politicians, Does That Make Them Mad At the Company?

One of my partners and I discussed what the results of yesterday’s NBC/Wall Street Journal poll might tell us about worker attitudes. NBC News pointed out that President Obama’s approval rating was at its lowest point. The more troubling results … Continue reading

Posted in cultural changes, management and leadership, managing legal matters, Uncategorized, whistleblower/retaliation | Leave a comment

Bad News + Prepping the Boss For interviews = a Bad Day For You.

The following article is from Kevin Sullivan, our VP Marketing and PR.  Even in this social media-driven age, I find employers to be woefully unprepared to respond to inquiries about a workplace fatality, union corporate campaign, an executive’s public bad … Continue reading

Posted in boycotts, emergency response, management and leadership, managing legal matters, public attacks, social media | Tagged , , , , , | Leave a comment

Ruminations On Making the Legal System Work Better

If it paid, I’d spend most of my time writing, blogging and tweeting, but those satisfying outlets do not pay the bills.  Yep.  I’m a senior partner with management responsibilities in 30-something offices, but I must still manage my always … Continue reading

Posted in managing legal matters, NLRB, OSHA | Tagged , , | 1 Comment

Firing Etiquette

A senior HR professional asked when to have HR sit in on a termination.  As with many good questions, the answer is that “it depends on the facts.”  Here are a few initial observations before we get to the central … Continue reading

Posted in discipline and discharge, discrimination, employer policies, management and leadership, managing legal matters, performance management, whistleblower/retaliation | Tagged , , | Leave a comment

Ruminations On What makes Businesses Succeed (as if a lawyer knows!)

This post is personal, and as the introduction to DVD’s state … this post does not reflect the views of F & P, etc.  It’s a labor of love, and also a reflection of my conviction that safety is inextricably … Continue reading

Posted in attitude/culture, discipline and discharge, employee engagement, generational differences, managing legal matters, safety programs | Tagged , , , | Leave a comment


When OSHA Assistant Secretary Michaels and Jordan Barab famously admitted that OSHA was utilizing large penalties accompanied by harsh press releases to “motivate” employers to comply, I had mixed feelings.  Fear is a great motivator.  Aggressive publication of legitimate noteworthy OSHA citations … Continue reading

Posted in managing legal matters, MSHA, NLRB, OSHA, settlement strategies, union organizing, willful | Tagged , , , | Leave a comment

I Won My Case, But I Can’t Recover Those Costs?!

This post is mainly for lawyers, but non lawyers (i.e, “clients”) should also read it because almost every client I know has wanted to get every possible fee or cost back from unsuccessful plaintiffs from what they viewed as frivolous law suits.  Increasingly … Continue reading

Posted in litigation, managing legal matters, settlement strategies | Tagged , , | Leave a comment

Count The Cost Before Waging The War

  An excellent piec by my Portland, Oregon partner, Rich Meneghello…. When Sun Tzu wrote “The Art of War” in the sixth century B.C., he probably wasn’t thinking about how his advice would apply to employment law litigation in the 21st century, … Continue reading

Posted in civil and criminal exposure, discipline and discharge, litigation, managing legal matters, settlement strategies, wage hour | Tagged , , | Leave a comment

Why Would Employees Tease About Nooses In 2013?

I was surprised and disappointed when I read about a punitive damages award against a north Carolina employer who allegedly tolerated employees referring to an African-American coworker as a “coon” and offering him a hangman’s noose. It’s 2013, not 1960. It’s … Continue reading

Posted in cultural changes, discipline and discharge, EEOC, government inspections, harassment, managing legal matters | Tagged , , , , , | 1 Comment