The Job Judge

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The Job Judge is a podcast for anyone who works. Engaging and informative, it’s a must-listen/watch for any manager, business owner, HR professional, or anyone who works. Relying on three decades of experience with workplaces and using real case studies in the news, Karen navigates through the legal landmines and workplace dysfunction that we know is probably happening right now in your organization.

The Job Judge


    • Feb 28, 2025 LATEST EPISODE
    • monthly NEW EPISODES
    • 20m AVG DURATION
    • 26 EPISODES


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    Latest episodes from The Job Judge

    Properly Address Harassment Claims or See a Jury

    Play Episode Listen Later Feb 28, 2025 34:53


    "I'll be the judge of that!"In this episode of the Job Judge we discuss sexual harassment, retaliation, constructive discharge and how the employer could have done better to avoid the case going to a jury. The Job Judge Podcast is a podcast for anyone who works. This is not legal advice! Engaging and informative, it's a must-listen/watch for any manager, business owner, HR professional, or anyone who works. Relying on three decades of experience as an employment law attorney and HR Executive, Karen Michael uses real case studies in the news and navigates through the legal landmines and workplace dysfunction that we know is probably happening right now in your organization.

    5 Behaviors That Will Get You Fired in 2025

    Play Episode Listen Later Dec 31, 2024 22:41


    "I'll be the judge of that!" Most of us need our jobs, but some behaviors will get you fired almost every time and as an employment lawyer, I'm seeing way too much of that. In this episode of The Job Judge, Karen shares the top 5 behaviors that will get someone fired in 2025 and how to avoid them. She also offers the “bonus” behavior that will likely cause a person to hit the unemployment line. This is a must-share episode with anyone you care about so they keep their job in 2025. This episode also offers advice on what do if you are currently unemployed based on a question on Reddit. Karen suggests prevention in organizations so terminations are not necessary to include training. Information on her training is found at www.karenmichaelconsulting.com. Her book, ‘Stay Hired” - a guide for anyone going to work - can be purchased at Amazon or online at Barnes & Noble. Amazon - https://amzn.to/4gCawsl The Job Judge Podcast is a podcast for anyone who works. This is not legal advice! Engaging and informative, it's a must-listen/watch for any manager, business owner, HR professional, or anyone who works. Relying on three decades of experience as an employment law attorney and HR Executive, Karen Michael uses real case studies in the news and navigates through the legal landmines and workplace dysfunction that we know is probably happening right now in your organization.

    $12 Million Verdict in Covid Vaccine Mandate Lawsuit

    Play Episode Listen Later Dec 19, 2024 24:30


    "I'll be the judge of that!" During the COVID-19 pandemic, many employers mandated that employees receive the COVID-19 vaccine or face termination. One employee was given this directive but sought a reasonable accommodation for religion under federal law, which was denied. She was terminated for refusing to take the vaccine. She sued and a jury found in her favor to the tune of $12 million. The podcast provides advice for employers on responding to requests for accommodations based on religion. The Job Judge also discusses a post about a person who received a Performance Improvement Plan. The employee buckled down, improved and was able to overcome the PIP. The Job Judge offers her observations about how this was handled by the employer and employee. The Job Judge Podcast is a podcast for anyone who works with a special emphasis on advice for managers and HR professionals. This is not legal advice! Engaging and informative, it's a must-listen/watch for any manager, business owner, HR professional, or anyone who works. Relying on three decades of experience as an employment law attorney and HR Executive, Karen Michael uses real case studies in the news and navigates through the legal landmines and workplace dysfunction that we know is probably happening right now in your organization.

    Plenty of Warning Signs - County Pays $7.2 million to Wife of Firefighter Killed by Coworker

    Play Episode Listen Later Sep 30, 2024 28:31


    "I'll be the judge of that!" LA County will reportedly pay $7.2 million to the family of former LA County firefighter who was shot and killed by a coworker in 2021. The murder occurred after his coworker engaged in abusive and aggressive behavior towards the slain firefighter for over 2 years, with plenty of warning signs of abuse and violent tendencies which seemingly went ignored by his superiors. In this episode of the Job Judge, we discuss the need to take complaints seriously, the importance of investigations, early intervention and courageous leadership and the reality that abusers can sometimes play the victim, and the need for leaders to not always try to find common ground - sometimes there is only one person who is the problem and that person needs to be held accountable. In our "Ask the Job Judge" segment, Karen also addresses a viewer question about HR making her monitor employee bathroom breaks as a secretary and report bathroom usage findings. The Job Judge Podcast is a podcast for anyone who works. This is not legal advice! Engaging and informative, it's a must-listen/watch for any manager, business owner, HR professional, or anyone who works. Relying on three decades of experience as an employment law attorney and HR Executive, Karen Michael uses real case studies in the news and navigates through the legal landmines and workplace dysfunction that we know is probably happening right now in your organization.

    When Sexual Harassment Allegations are Sent to a Jury

    Play Episode Listen Later Sep 6, 2024 26:00


    "I'll be the judge of that!" Karen discusses a sexual harassment case under Title VII that took place at a plant in the Western District of Virginia. The female employee alleges that she was subjected to a hostile work environment filled with inappropriate comments and sexual references. She claimed that she reported these incidents to multiple managers and they failed to address the harassment and she experienced retaliation. The court considered whether the behavior was because of her sex, severe or pervasive enough to alter the conditions of her employment, and if the employer knew about it and failed to take action. The employer argued it was playful banter, but the court concluded that there was sufficient evidence for the case to be sent to a jury. Karen explains the crude and vulgar behavior that was alleged, and provides advice to employers and managers on how to create an environment free from harassment avoid this expensive litigation. In our "Ask the Job Judge" segment, Karen also addressed a question from Reddit about an employee's experience with work during bereavement leave and emphasized the need for better communication and sensitivity from both parties. The Job Judge Podcast is a podcast for anyone who works. This is not legal advice! Engaging and informative, it's a must-listen/watch for any manager, business owner, HR professional, or anyone who works. Relying on three decades of experience as an employment law attorney and HR Executive, Karen Michael uses real case studies in the news and navigates through the legal landmines and workplace dysfunction that we know is probably happening right now in your organization.

    Working Ourselves to Death? Right-to-Disconnect Law & Work-Life Balance & Boundaries

    Play Episode Listen Later Aug 30, 2024 18:03


    "I'll be the judge of that!" Karen discusses the implementation of Australia's right-to-disconnect law, which allows employees to refuse work-related contact outside their normal working hours. She also shares a Wall Street Journal article about an employee's death at a financial institution after working extremely long hours, sparking a debate about the culture of overworking. Karen reflects on her own experiences and emphasizes the importance of work-life balance, encouraging employers to establish clear boundaries and prioritize their employees' well-being and work/life balance. In our "Ask the Job Judge" Segment, Karen touches on the topic of appropriate dress code in job interviews, advising against wearing shorts to make a good impression, in response to a viral Tiktok video of a woman who posted about her interview experience after wearing shorts to the interview. The Job Judge Podcast is a podcast for anyone who works. This is not legal advice! Engaging and informative, it's a must-listen/watch for any manager, business owner, HR professional, or anyone who works. Relying on three decades of experience as an employment law attorney and HR Executive, Karen Michael uses real case studies in the news and navigates through the legal landmines and workplace dysfunction that we know is probably happening right now in your organization. Read Stay Hired: Thriving & Surviving in the 21st Century Workplace - https://amzn.to/4dK1yI5

    $22M Verdict Against Wells Fargo: Disability Discrimination & Retaliation Under the ADA

    Play Episode Listen Later Aug 22, 2024 20:34


    "I'll be the judge of that!" Job Accommodation Network - https://askjan.org/ In this episode of the Job Judge, Karen discusses a $22 million verdict against Wells Fargo for disability discrimination and retaliation under the Americans with Disabilities Act (ADA). She shares the story of an employee who had a disability and required reasonable accommodations. Despite getting good advice from the Wells Fargo ADA Consultant on accommodations that should be provided, the managers refused to accommodate the employee and then terminated him shortly before he was to return onsite under the guise of a restructuring. The case went to trial, and the jury awarded him $22 million in damages for disability discrimination, failure to accommodate and retaliation, as well as state law violations. Karen emphasizes the importance of the ADA and the need for employers to engage in an interactive dialogue with employees to provide reasonable accommodations. The EEOC (https://EEOC.gov) and the Job Accommodation Network (https://Askjan.org) offer resources for both employers and employees regarding reasonable accommodations under the ADA. Karen also discusses in her “ask the Job Judge” whether an employee who was planning to fly home the same day he had to work, and was a “no show” because his flights were delayed, unfairly received a written counseling. The Job Judge Podcast is a podcast for anyone who works. This is not legal advice! Engaging and informative, it's a must-listen/watch for any manager, business owner, HR professional, or anyone who works. Relying on three decades of experience as an employment law attorney and HR Executive, Karen Michael uses real case studies in the news and navigates through the legal landmines and workplace dysfunction that we know is probably happening right now in your organization.

    Use of the “N” Word One Time – Is that Harassment?

    Play Episode Listen Later Aug 15, 2024 25:50


    "I'll be the judge of that!" Could the use of a racial slur one time by a coworker be enough to constitute actionable harassment? In this week's Job Judge, Karen Michael discusses a case out of California where an employee was subjected to the “N” word by a coworker one time in 2015. Nine years later the case is headed to trial, and the jury will decide whether the employee was subjected to a hostile work environment as a matter of law and whether Human Resources retaliated against her in their actions of addressing the employee's claims. Karen also discusses in her “Ask the Job Judge” segment, a case involving a 56-year-old man who engaged in alleged sexual behaviors towards a younger female coworker after hours and the employee is questioning whether to report his behavior. Karen gives advice on how to address it. The Job Judge Podcast is a podcast for anyone who works. This is not legal advice! Engaging and informative, it's a must-listen/watch for any manager, business owner, HR professional, or anyone who works. Relying on three decades of experience as an employment law attorney and HR Executive, Karen Michael uses real case studies in the news and navigates through the legal landmines and workplace dysfunction that we know is probably happening right now in your organization.

    Allegations of Sexual Harassment Against Top Aide in Governor Shapiro's Office

    Play Episode Listen Later Aug 8, 2024 19:07


    "I'll be the judge of that!" In this episode, Karen discusses the resurfaced allegations of sexual harassment against a top aide in Pennsylvania Governor Shapiro's office. The aide, a Republican, is accused of making repeated sexual advances and lewd comments towards a female employee, who had filed a complaint with the Human Relations Commission in June 2023. The settlement, worth $295,000, was agreed upon in September and then the aide resigned. Karen emphasizes that these are just allegations and no lawsuit was filed. The employee had taken a significant pay cut to work for Governor Shapiro's office but soon felt uncomfortable due to the aid's alleged inappropriate behavior. The accuser alleges that a staff member made unwanted sexual advances and inappropriate comments towards her. The accuser alleges that she first complained of the alleged misconduct to human resources on March 3, 2023 but the aide did not resign until late September. In our "Ask the Job Judge" segment, Karen discusses a manager's unprofessional handling of an employee's absence due to being in the ER and the importance of fairness and professional communication when terminating employment. The Job Judge Podcast is a podcast for anyone who works. This is not legal advice! Engaging and informative, it's a must-listen/watch for any manager, business owner, HR professional, or anyone who works. Relying on three decades of experience as an employment law attorney and HR Executive, Karen Michael uses real case studies in the news and navigates through the legal landmines and workplace dysfunction that we know is probably happening right now in your organization.

    Pay Employees Right or Pay Up Later – The Job Judge Explains the Risks of Violating Federal Pay Laws

    Play Episode Listen Later Aug 3, 2024 20:22


    "I'll be the judge of that!" Karen discusses the Fair Labor Standards Act (FLSA) and common misconceptions regarding employee compensation, specifically regarding meal periods and overtime. She emphasizes the importance of employers correctly classifying employees as exempt or non-exempt, and the potential financial consequences of misclassification. She also clarifies that employers are not required to provide meal periods, but if they do, they must pay employees for that time. Contrary to popular belief, employees are entitled to be compensated for all hours worked during a work week, including on-call time, training, and travel time. The Job Judge also answers the question of whether employees should be required to share a hotel room when traveling for work. The Job Judge Podcast is a podcast for anyone who works. This is not legal advice! Engaging and informative, it's a must-listen/watch for any manager, business owner, HR professional, or anyone who works. Relying on three decades of experience as an employment law attorney and HR Executive, Karen Michael uses real case studies in the news and navigates through the legal landmines and workplace dysfunction that we know is probably happening right now in your organization.

    Employee Surveys: Why They Fail and How to Fix Them

    Play Episode Listen Later Jul 25, 2024 16:08


    "I'll be the judge of that!" In this episode of the Job Judge, Karen discusses the widespread frustration among employees regarding the ineffectiveness of employee surveys and exit interviews. Despite many companies' good intentions, they often fail to act on the feedback received, leading to employee dissatisfaction. Karen emphasizes the importance of actionable surveys, shorter and more focused on specific issues, and the value of direct interviews over anonymous electronic surveys. She shares examples from her legal and HR experience, illustrating how neglecting survey feedback can result in legal liabilities and employee disengagement. Karen advocates for frequent, intentional surveys, genuine follow-up, and direct communication to improve workplace culture and trust. She concludes by addressing a trivial workplace complaint to highlight the need for resilience and discernment in addressing employee issues. The Job Judge Podcast is a podcast for anyone who works. This is not legal advice! Engaging and informative, it's a must-listen/watch for any manager, business owner, HR professional, or anyone who works. Relying on three decades of experience as an employment law attorney and HR Executive, Karen Michael uses real case studies in the news and navigates through the legal landmines and workplace dysfunction that we know is probably happening right now in your organization.

    Bias in Hiring? A Black Man Sues Alleging His Name Got Him Rejected

    Play Episode Listen Later Jul 18, 2024 18:17


    "I'll be the judge of that!" In this episode we discuss Dwight Jackson who is a Black man alleging he was denied an interview when he applied for a job using his real name but was given an interview when he applied using a more Caucasian-sounding alias name. He has sued the hotel where he applied, and the hotel has responded. While that case is pending litigation, we discuss the reality of workplace bias and give specific guidance on best interviewing and recruitment practices to avoid bias and discrimination – and we also discuss favoritism in the hiring process. We also answer a question from a follower on TikTok on what to do if you are being bullied at work and what rights you have under the law. The Job Judge Podcast is a podcast for anyone who works. This is not legal advice! Engaging and informative, it's a must-listen/watch for any manager, business owner, HR professional, or anyone who works. Relying on three decades of experience as an employment law attorney and HR Executive, Karen Michael uses real case studies in the news and navigates through the legal landmines and workplace dysfunction that we know is probably happening right now in your organization.

    Can You Get Fired for What You Post on Social Media?

    Play Episode Listen Later Jul 8, 2024 21:26


    "I'll be the judge of that!" In this episode, Karen discusses the misconceptions surrounding social media and the workplace, and whether one can be fired for what they post on social media. She debunks the idea that personal social media sites and private Facebook chats are protected by privacy laws, as anyone in the chat could share the information. She also clarifies that private sector employees do not have First Amendment rights in the workplace, as the First Amendment only applies to government action. Private sector employees do have rights under the National Labor Relations Act to engage in concerted protected activity for mutual aid and protection, which includes discussing working conditions collectively on social media. However, certain controversial posts on social media can lead to discipline or termination, as demonstrated by several cases. Overall, Karen stresses the importance of being mindful of social media activity and understanding the potential consequences for one's employment. The Job Judge Podcast is a podcast for anyone who works. This is not legal advice! Engaging and informative, it's a must-listen/watch for any manager, business owner, HR professional, or anyone who works. Relying on three decades of experience as an employment law attorney and HR Executive, Karen Michael uses real case studies in the news and navigates through the legal landmines and workplace dysfunction that we know is probably happening right now in your organization.

    Can You Talk About Pay with Your Coworkers? - Employee Protections and Employer Obligations

    Play Episode Listen Later Jun 27, 2024 13:16


    "I'll be the judge of that!" Employees have the right to discuss their wages for many reasons, and employers cannot prohibit them from doing so. The National Labor Relations Act protects employees' rights to engage in conversations about their wages, even before a union is formed. However, this only applies to non-management employees in private sector organizations. Federal contractors are also governed by the Executive Order 11246, which includes a provision on pay transparency. This means that any employee or job applicant who works for or applies to work for a federal contractor has the right to discuss their wages. Employers who attempt to prevent employees from discussing their wages may face legal repercussions. It is important for employers to understand these laws and ensure they are not violating their employees' rights. The Job Judge Podcast is a podcast for anyone who works. This is not legal advice! Engaging and informative, it's a must-listen/watch for any manager, business owner, HR professional, or anyone who works. Relying on three decades of experience as an employment law attorney and HR Executive, Karen Michael uses real case studies in the news and navigates through the legal landmines and workplace dysfunction that we know is probably happening right now in your organization.

    Two Employers With Allegations of Harassment – Which One Got it Right?

    Play Episode Listen Later Jun 20, 2024 21:55


    "I'll be the judge of that!" This episode covers the tale of two harassment allegations in the same industry, where one employer did everything right and the other did everything wrong. The first case discussed is that of the Pinellas County Sheriff's Office, where the employer handled the harassment allegations transparently and terminated the employment of the accused deputy for violating the office's policy prohibiting sexual harassment and discrimination. Wait until you hear the accused's excuse! The second case also involves law enforcement including a groping and wait until you hear his excuse! That employer did everything wrong. She also highlights the role of bystanders in addressing bad behavior and emphasizes the need for a safe and supportive workplace culture to prevent such incidents. The Job Judge Podcast is a podcast for anyone who works. This is not legal advice! Engaging and informative, it's a must-listen/watch for any manager, business owner, HR professional, or anyone who works. Relying on three decades of experience as an employment law attorney and HR Executive, Karen Michael uses real case studies in the news and navigates through the legal landmines and workplace dysfunction that we know is probably happening right now in your organization. The Job Judge Podcast is a podcast for anyone who works. This is not legal advice! Engaging and informative, it's a must-listen/watch for any manager, business owner, HR professional, or anyone who works. Relying on three decades of experience as an employment law attorney and HR Executive, Karen Michael uses real case studies in the news and navigates through the legal landmines and workplace dysfunction that we know is probably happening right now in your organization.

    Dating at Work: Green Lights, Red Flags & How to Avoid Disaster with The Job Judge

    Play Episode Listen Later Jun 13, 2024 20:56


    "I'll be the judge of that!" In this episode of The Job Judge podcast, Karen discusses workplace romances and whether they are a good idea. She categorizes workplace behavior into three categories: never ever, maybe, and go. She advises that supervisors should never date anyone within their chain of command, while coworker relationships fall into the maybe category. Karen warns that workplace romances can quickly become a nightmare for HR and advises against engaging in any secret behavior. She also highlights that individuals who break up with a workplace partner should not assume the risk of being sexually harassed and should report any harassment to HR. According to Forbes, 60% of adults have had a workplace romance, with 43% leading to marriage. However, 40% of workplace romances involved cheating on an existing partner, leading to increased gossip and perceptions of favoritism. Karen concludes that while workplace romances can be successful, individuals should be cautious and consider the potential risks and complications. The Job Judge Podcast is a podcast for anyone who works. This is not legal advice! Engaging and informative, it's a must-listen/watch for any manager, business owner, HR professional, or anyone who works. Relying on three decades of experience as an employment law attorney and HR Executive, Karen Michael uses real case studies in the news and navigates through the legal landmines and workplace dysfunction that we know is probably happening right now in your organization.

    Not Every Hostile or Retaliatory Workplace is Legally Actionable

    Play Episode Listen Later May 31, 2024 15:37


    "I'll be the judge of that!" In this podcast episode, Karen discusses the legal definition of a hostile work environment and retaliation under federal law. She uses a recent case out of South Carolina, where a woman named brought a case against her former employer, the South Carolina Probation, Parole, and Pardon Services, as an example to explain the legal process of filing a claim of discrimination, harassment, or retaliation. Karen explains that not all hostile work environments are legally protected, and there are certain elements that have to take place before someone can successfully make a claim of retaliation. She also emphasizes that when an employee files a claim, they have to first go to the Equal Employment Opportunity Commission, and then federal court if necessary. Michael advises employers to create safe, civil, and legally compliant workplaces to avoid lawsuits and to ensure their workplaces work for everyone. The Job Judge Podcast is a podcast for anyone who works. This is not legal advice! Engaging and informative, it's a must-listen/watch for any manager, business owner, HR professional, or anyone who works. Relying on three decades of experience as an employment law attorney and HR Executive, Karen Michael uses real case studies in the news and navigates through the legal landmines and workplace dysfunction that we know is probably happening right now in your organization.

    Is Age Holding You Back? How to Fight Workplace Age Discrimination

    Play Episode Listen Later May 23, 2024 14:09


    "I'll be the judge of that!" In this episode, Karen explores the case of Rodney Martinez, a 59-year-old part-time product associate at a New England grocery chain called The Market Basket, where he sued his employer for age discrimination after he was passed over for promotion in favor of younger employees. The case highlights the prevalence of age discrimination in the workplace, which is prohibited by the Age Discrimination in Employment Act. The lack of a fair and objective promotion process can lead to favoritism and discrimination, making it crucial for employers to implement a formal system for promotions. The Job Judge Podcast is a podcast for anyone who works. This is not legal advice! Engaging and informative, it's a must-listen/watch for any manager, business owner, HR professional, or anyone who works. Relying on three decades of experience as an employment law attorney and HR Executive, Karen Michael uses real case studies in the news and navigates through the legal landmines and workplace dysfunction that we know is probably happening right now in your organization.

    When Workplace Bullying & Toxicity Leads to Devastating Outcomes... | The Job Judge

    Play Episode Listen Later May 16, 2024 22:35


    "I'll be the judge of that!" Toxic workplaces can be caused by toxic people who engage in abusive behavior, ranging from yelling and humiliation to berating and bullying. Many organizations struggle to understand and handle complaints of abusive behavior, often ignoring them or not recognizing the seriousness of the issue. Workplace bullies are often manipulative and can even manipulate human resources to avoid being held accountable for their abusive behavior. Uncovering workplace bullying and abuse can be difficult, as some employees may claim abuse when there is none. Chaos, confusion, and fear among employees are some of the signs of a bullying environment. Conducting authentic conversations with victims of workplace bullying during training sessions can help to raise awareness and prevent such behavior from occurring. It is important to seek legal advice from a lawyer in your state if you are facing a toxic workplace environment. The Job Judge Podcast is a podcast for anyone who works. This is not legal advice! Engaging and informative, it's a must-listen/watch for any manager, business owner, HR professional, or anyone who works. Relying on three decades of experience as an employment law attorney and HR Executive, Karen Michael uses real case studies in the news and navigates through the legal landmines and workplace dysfunction that we know is probably happening right now in your organization.

    Disability Law Doesn't Protect Employee Calling Coworkers B*****s

    Play Episode Listen Later May 9, 2024 17:05


    "I'll be the judge of that!" Karen discusses the case of an employee, a PTSD sufferer who was fired from Wayfair after using derogatory language towards her coworkers. She had been diagnosed with PTSD following military sexual assault and had been receiving treatment since 2010, was expected to adhere to professional conduct rules despite her condition. However, during a heated altercation, she called her colleagues derogatory names, leading to her being put on leave and eventually terminated. She sued Wayfair for disability discrimination and failure to provide a reasonable accommodation under the Americans with Disabilities Act (ADA). The court ruled against her, stating that she had committed "firable misconduct" and that there was no evidence of discriminatory intent. Additionally, the court found that Wayfair did not know about her disability at the time of her termination. Karen emphasizes the challenge for employers in balancing empathy for employees with the need to maintain a professional workplace and the importance of understanding that the ADA does not excuse workplace misconduct. Also in today's episode.... Manager puts employee's desk on the roof? That can't be allowed right? As always, Karen will be the judge of that. The Job Judge Podcast is a podcast for anyone who works. This is not legal advice! Engaging and informative, it's a must-listen/watch for any manager, business owner, HR professional, or anyone who works. Relying on three decades of experience as an employment law attorney and HR Executive, Karen Michael uses real case studies in the news and navigates through the legal landmines and workplace dysfunction that we know is probably happening right now in your organization.

    Can a White Man Sue Claiming He was Terminated in the Name of DEI?

    Play Episode Listen Later May 2, 2024 15:49


    The Job Judge podcast discusses the negative reputation that diversity, equity, and inclusion (DEI) programs have been receiving due to being hijacked by individuals wanting to replace white men with women and people of color. However, DEI was never meant to be an affirmative action program, but rather a tool to help individuals succeed in their job. The podcast cites a case from the Fourth Circuit Court of Appeals in March 2024 where a white man, David Duval, sued his former employer, Novent Health, under Title VII of the Civil Rights Act for being fired solely to achieve racial and gender diversity targets. The court found that Novent Health had no record of any documented criticism of Duval's performance or reasons for termination, and that he had performed exceptionally well in his role. Therefore, the court ruled in favor of Duval and awarded him with $10 million in damages. The case serves as an important example for corporations implementing DEI programs to understand that it is illegal to fire individuals in the name of DEI to achieve equity. The podcast stresses that DEI is about inclusion and belonging and not about replacing one group with another. "I'll be the judge of that!" The Job Judge Podcast is a podcast for anyone who works. This is not legal advice! Engaging and informative, it's a must-listen/watch for any manager, business owner, HR professional, or anyone who works. Relying on three decades of experience as an employment law attorney and HR Executive, Karen Michael uses real case studies in the news and navigates through the legal landmines and workplace dysfunction that we know is probably happening right now in your organization.

    FTC Bans Non-Compete Agreements But Lawsuits Are Filed to Challenge It | The Job Judge

    Play Episode Listen Later Apr 25, 2024 16:16


    In this week's episode of The Job Judge, The FTC has implemented a new rule that bans all employers, including sandwich shop Jimmy John's, from forcing employees to sign non-compete agreements. Non-compete agreements are contracts that require employees to agree not to work for a competitor for a certain period of time after leaving their current job. The theory behind these agreements is that they provide adequate consideration under contract law as a condition of employment. However, the FTC has deemed certain non-compete agreements to be abusive and has therefore cracked down on them. The new rule applies to all employees, including executives and top salespeople. The ban on non-compete agreements is aimed at creating a work culture where people want to stay rather than being forced to stay due to contractual obligations. The rule goes into effect in 120 days. This development is significant because it protects the rights of employees to seek employment where they choose and provides them with greater freedom to leave toxic work environments. "I'll be the judge of that!" The Job Judge Podcast is a podcast for anyone who works. This is not legal advice! Engaging and informative, it's a must-listen/watch for any manager, business owner, HR professional, or anyone who works. Relying on three decades of experience as an employment law attorney and HR Executive, Karen Michael uses real case studies in the news and navigates through the legal landmines and workplace dysfunction that we know is probably happening right now in your organization.

    "You can't fire me, this is a Right to Work State!": Unpacking Labor Laws in the USA | The Job Judge

    Play Episode Listen Later Apr 18, 2024 12:26


    This episode of The Job Judge podcast discusses the concept of the right to work in the USA, which is often confused with at-will employment. Right to work means that employees in certain states do not have to pay union dues as a condition of employment. Unionization rates in states with right to work laws are lower than those without, and typically, states that tend to vote Republican have right to work laws. There are 26 right to work states in the USA, and the National Right to Work Legal Defense Foundation website provides information on the laws in each state. The Job Judge Podcast is a podcast for anyone who works. This fun engaging program is a must-listen/watch for any manager, business owner, HR professional, or anyone who works. Relying on three decades of experience as an employment law attorney and HR Executive, Karen Michael uses real case studies in the news and navigates through the legal landmines and workplace dysfunction that we know is probably happening right now in your organization.

    The Silence Stops Here: Navigating Sexual Harassment and Employer Liability | The Job Judge Podcast

    Play Episode Listen Later Apr 11, 2024 19:50


    Welcome back to The Job Judge! "I'll be the judge of that!" In this episode, Karen discusses the intricacies of sexual harassment cases in litigation, using real cases as examples. One such case involves a female employee, referred to as Sally, who was subjected to crude sexual comments and a hostile work environment. Despite reporting the harassment to her supervisor, no action was taken, leading to a jury trial. Another case involved a restaurant in Arkansas where an employee was sexually harassed by her manager, who made inappropriate comments and touched employees inappropriately. The employer failed to take sufficient action despite being informed of the complaints, resulting in a potential liability. A third case involved a sexual harassment settlement where the employer did not believe the employee's allegations against her manager. Karen emphasizes the importance of employers taking preventative measures against sexual harassment, including having a clear policy, providing training, having a robust reporting structure, conducting objective investigations, and holding those found responsible accountable. She also addresses the illegality of employment decisions based on religion, except for religious institutions. A jam packed episode, we hope you enjoy! The Job Judge Podcast is a podcast for anyone who works. This is not legal advice! This valuable and engaging program is a must-listen/watch for any manager, business owner, HR professional, or anyone who works. Relying on three decades of experience as an employment law attorney and HR Executive, Karen Michael uses real case studies in the news and navigates through the legal landmines and workplace dysfunction that we know is probably happening right now in your organization.

    Navigating Election Season: Maintaining Civility in the Workplace | The Job Judge Podcast

    Play Episode Listen Later Apr 5, 2024 17:22


    Welcome to The Job Judge! "I'll be the judge of that!" In today's episode, Karen discusses the impact of politics in the workplace during election season. While there is no federal law protecting political discussions at work, the current divisive political climate can lead to regretful conversations and even hate among colleagues. Karen mentions statistics from surveys indicating that over 50% of people believe those discussions had a negative impact at their job! She advises organizations to create a civil workplace by accepting colleagues with different political beliefs and avoiding bringing divisive topics into the workplace. Additionally, emphasizing the importance of addressing employee performance issues early and documenting the conversations to foster transparency and trust. Documentation is vital! Some managers avoid confrontations out of niceness, but this approach can hinder an employee's success. The Job Judge encourages managers to address any employee situation within 48 hours and suggests following the podcast for more insight. This is the best, and safest, practice. The Job Judge Podcast is a podcast for anyone who works. This is not legal advice! This fun engaging program is a must-listen/watch for any manager, business owner, HR professional, or anyone who works. Relying on three decades of experience as an employment law attorney and HR Executive, Karen Michael uses real case studies in the news and navigates through the legal landmines and workplace dysfunction that we know is probably happening right now in your organization.

    Taking Harassment as Seriously as It Is... | The Job Judge Podcast

    Play Episode Listen Later Mar 29, 2024 17:23


    Karen tells the story of Riley Whitelaw, who was murdered by a co-worker, Joshua Taylor Johnson, at a Walgreens store in Colorado after reporting unwanted advances from him to her manager. The manager reportedly spoke to Johnson but did not take further action, and later scheduled White Law to work with Johnson despite her expressing discomfort with the idea. Johnson was convicted of murder in 2023 and is serving a life sentence. Karen emphasizes that managers have a duty to take action to prevent sexual misconduct in the workplace and should not rely solely on conversations to address the issue. She also stresses the importance of documentation and investigation to ensure that appropriate action is taken. The Job Judge Podcast is a podcast for anyone who works. This fun engaging program is a must-listen/watch for any manager, business owner, HR professional, or anyone who works. Relying on three decades of experience as an employment law attorney and HR Executive, Karen Michael uses real case studies in the news and navigates through the legal landmines and workplace dysfunction that we know is probably happening right now in your organization.

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