Category: Is It Legal?

  • Is It Legal: Pot Use, Rude Conduct Lead to Problems for Teacher

    JANUARY 5, 2018 BY TOM D’AGOSTINO LEAVE A COMMENT Ohio’s Court of Appeals upheld the revocation of the teaching license of an intervention specialist.  The revocation was based on administrative findings of conduct unbecoming a teacher, including charges of inappropriate physical contact with students and marijuana use. After receiving reports that caused “professional conduct concerns” about the specialist,…

  • Is it Legal?  The Key to Derailing Harassment Suits

    DECEMBER 21, 2015 BY TOM D’AGOSTINO   An employee gets a bad write-up – and then complains he’s being harassed. Does that sound familiar? If so, take a look at Goodale v. Landscape Forms, Inc., a favorable new ruling for employers. Took Complaint Seriously In Goodale, an employee in Michigan complained to human resources (HR) that his co-workers were making fun of him…

  • Is it Legal? Fired Over a Bottle of OJ

    Knee-Jerk Firing Leads to $250K Verdict for Cashier Sept. 20,2016 by Tom D’Agostino   A national “small box” discount chain isn’t getting off cheaply for firing a diabetic cashier over a $1.69 bottle of orange juice.  A jury found Dollar General liable for $27,565 in back pay and $250,000 in compensatory damages because the actions…

  • Is it Legal? Derogatory Remarks Can Get You Fired

    Why This Single Slur Justified Employment Termination August 7, 2017 by Tom D’Agostino Sometimes an employee deserves a second chance.  That’s where progressive discipline comes in. It helps deter employees from repeatedly violating the rules by allowing them to be disciplined incrementally. It’s Not a Right But the ruling in The Matter of Hendrickson reminds public safety…

  • Is it Legal?  Courts Allow Counselor to Proceed with State Whistleblower Law Claim

    Employee: ‘My Criticism Was Legit, But I Got Fired for It’ October 25, 2017 by: Tom D’Agostino Just what did she say, and why was she let go?  A federal court held a probationary Pennsylvania counselor could proceed with some of her claims against school officials whom she accused of recommending her dismissal in retaliation…