Performance Appraisals… To Do or Not To Do?

Experts on employee management are divided regarding whether employers should conduct annual performance appraisals of staff.   Judging by the show of hands at the recent Judicial College seminar on office management, Indiana’s judiciary is also divided in its use of performance appraisals.  The purpose of this article is to succinctly set forth the pros [...]

Cell Phones, Smart Phones, FLSA and the Court Employer

A Look at One Potential Hidden Cost of Technology—
Cell phones have changed our daily lives in many ways.  No more concerns about not being able to get a message to family members when you will be late.  No more exorbitant add-ons to hotel bills because you have to make a long distance call.  No more [...]

Social Media and the Employer

What is social media and why should a judge care about it as an employer?  The term “social media” refers to the online technologies and practices that people use to share opinions, insights, experiences, and perspectives. Much of the time it is purely social, but it can also be used to establish business connections, make [...]

Sexual Harassment Revisited

When I was a young lawyer, I thought nothing of it when my male supervisor chose to tell me of his sexual prowess with his wife or when the male attorneys gathered in his office to review his compilation of bawdy cartoons.  But I did mind several years earlier when I was right out of [...]

You Can’t Always Get What You Want, But if You Ask the Right Questions, You Get What You Need

Asking the right questions in an employment interview is similar to asking questions on voir dire.  In voir dire you want information, but you must question potential jurors in a calming and non-embarrassing way.  In a job interview you need to get information relevant to the job, but the questions have to be framed so [...]

Disability Act Protections Expand in 2009

President George H. W. Bush heralded the enactment of the original Americans with Disability Act with a speech on July 26, 1990 in which he stated:
“This is an immensely important day, a day that belongs to all of you. Everywhere I look, I see people who have dedicated themselves to making sure that this day [...]

Being a Judge in the Back Office

A judge makes decisions within the confines of the law, trusting his/her instincts, and almost always in solitude.  It requires good intellect and a strong and caring heart to administer justice.   When we think of judges, we picture a wise and courageous leader, clad in a robe, making decisions while sitting on the bench. [...]

The First Amendment and At-Will Employment

The election of 2008 is over and what an enthralling and exciting year this was for our nation.  Many worked for, or volunteered for, their candidate of choice. Some, like me, may have yearned to contribute and work for the success of their favorite candidate, but could not because of their employment.  I didn’t contribute [...]

Workplace Bullies Beware

A recent Indiana Supreme Court case, Raess v. Doescher, 883 N.E. 2d 790 (Ind. 2008), has really grabbed the interest of employment lawyers across the nation.  In a national phone-in seminar last month on “New Trends in Employment Law,” a panel of legal experts spent considerable time discussing the case.
Enter “workplace bully” in any search [...]

A Primer on the Family & Medical Leave Act (FMLA)

It is hard to believe because it is so ingrained in the workplace vocabulary, but 2008 is the fifteenth anniversary of the enactment of the Family & Medical Leave Act (FMLA).  FMLA questions dominate inquiries from the courts about employment law.  There are some basic questions about FMLA.
Does FMLA apply to every employer?
No.  It only [...]

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