The Job Judge Morrisette Media

"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.

"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.

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.

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.

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.

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.