"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.

"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.

"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.

"I'll be the judge of that!"

"I'll be the judge of that!"

"I'll be the judge of that!"

"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.

"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.

"I'll be the judge of that!"

"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.