Recent Cases Show The Limits of Free Speech
Two 2022 cases—both won by employers—demonstrate the limits of free speech at private sector employers. (Public employees have some First Amendment [...]
About Ann Kiernan
Ann Kiernan has litigated claims of wrongful discharge and discrimination before state and federal courts and administrative matters before the New Jersey Division on Civil Rights, the National Labor Relations Board and the Equal Opportunity Employment Commission, representing both employers and employees. Ms. Kiernan co-hosted The Employee Rights Forum, a weekly radio call-in show reaching up to a half-million listeners in the New York metropolitan area, and her articles on employment law have been published in many books and magazines. Both as a firm partner and as a director, Ms. Kiernan gained solid experience in management and human resources compliance. She has worked with Fair Measures since 1997.The Limits of Whistleblower Protection
Lori Hanson, a regional director with the Minnesota Department of Natural Resources, reported suspected child neglect and prostitution at the hotel [...]
Bad Investigation, Scorched-Earth Tactics Cost Employer
After 25 years at the Chicago Park District and a number of promotions, Lydia Vega was fired in 2012 for [...]
Lying CEO Must Pay Back $105 Million
In what the New York Times described as “one of the largest claw backs in the history of corporate America”, [...]
The Importance of a Speak-Up Culture
The federal Equal Employment Opportunity Commission (EEOC), Department of Labor (DOL), and the National Labor Relations Board (NLRB) have announced [...]
Lessons from the Cuomo Downfall
It’s been compared to Shakespearean tragedy: the dizzying plunge of Andrew Cuomo from the Emmy-winning “America’s governor” during the darkest [...]
Failure to Accommodate Disability = Liability
Traditionally, an adverse employment action—getting disciplined or fired, being denied a raise or promotion, for example—has been a necessary part [...]
Watch What You Say! Oral Promises Can be Enforceable Contracts
Think that a promise must be in writing in order for it to be an enforceable obligation? No, it does [...]
Are we allowed to tell an employee’s wife where he is?
An employee's wife called another of our employees at the office, who she is friendly with, to ask if that person knew where her [...]
I’m on FMLA. Can I go to a retirement party?
I am currently on medical leave. My assistant is retiring and I want to attend the party at work, plus I’m bringing food. Can [...]