The Job Judge

Virginia’s employment laws have undergone a massive transformation, shifting from standard federal alignment- to some of the most robust state-specific worker protections in the country. In this episode of The Job Judge, host Karen Michael and guest employment lawyer Faith Alejandro, break down what this "new normal" means for business owners, HR professionals, and employees. https://www...

"I'll be the judge of that!" On this episode, The Job Judge discusses a case in Ohio where a plaintiff was awarded $2.12 million in damages, plus over $400,000 in attorney fees and costs after claiming that she was discriminated against based on her age during an alleged layoff during a time when the department she worked in was bulking up on younger employees. She was awarded puniti...

"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 professio...

"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. Th...

"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 po...

"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 superior...

"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...

"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 overworkin...

"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 advi...

"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 subje...

"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, wor...

"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...

"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...

"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 real...

"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 s...

"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 cont...

"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 fo...

"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...

"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...

"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, wh...

"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 manipul...

"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 alter...

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 Circui...

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...

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...