Hostile Work Environment
The funniest HR pod in the 'verse!
S2 E50 · Mon, November 14, 2022
S2E50 - The Best $8 Investment Ever
Twitter is IMPLODING right in front of us in real time. This episode we discuss the employment law ramifications of said implosion. Also a nazi Halloween costume. Email us! hwepodcast@gmail.com Find us on twitter: Marc: @saladpants Kate: @K8Bisch Check out our virtually never updated Facebook Page and YouTube Channel ! Please leave a review! Disclaimer: Nothing in this podcast constitutes legal advice. Ever!
S2 E49 · Mon, October 24, 2022
S2E49 - Welcome to the Hostile Pirate Podcast! Arrrrrrrrrrrrrrrrrrrr
Arrrrrrrrrr. No, it's not talk like a pirate day. But we've decided to re-brand anyway as a pirate themed pod. In that vein...in this episode, Marc and Kate discuss: Peloton's employment practices Infighting at the EEOC Free coffee labor in Boston NFL owner redux Jorts the Cat redux As you can tell, very pirate-y. Email us! hwepodcast@gmail.com Find us on twitter: Marc: @saladpants Kate: @K8Bisch Check out our virtually never updated Facebook Page and YouTube Channel ! Please leave a review! Disclaimer: Nothing in this podcast constitutes legal advice. Ever!
S2 E48 · Mon, September 19, 2022
S2E48 - The HR chick I deal with all the time...
HEY HEY WE'RE BACK!!! This episode we talk about: - The appalling state of education in Mississippi - A cable company that fails every test...including when its employee murders a customer - Why did the entire police department of a small North Carolina town just up and quit?? - BisFitty the Hero! Email us! hwepodcast@gmail.com Find us on twitter: Marc: @saladpants Kate: @K8Bisch Check out our virtually never updated Facebook Page and YouTube Channel ! Please leave a review! Disclaimer: Nothing in this podcast constitutes legal advice. Ever!
S2 E47 · Sun, June 05, 2022
S2E47 - A Collection of Butts
!!SUPPORT COMMON SENSE GUN LEGISLATION NOW!! Today we chat about: -- The new CBAs for the US Men's and Women's Soccer Teams -- A butt update from Florida -- Two NFL teams with unfortunate goings on -- And an employer who thinks they can require a departing employee to pay for recruiting and training their replacement. Email us! hwepodcast@gmail.com Find us on twitter: Marc: @saladpants Kate: @K8Bisch Check out our virtually never updated Facebook Page and YouTube Channel ! Please leave a review! Disclaimer: Nothing in this podcast constitutes legal advice. Ever!
Mon, May 09, 2022
S2E46 - Kate Jumps the Penumbra Gun (a look at the legal history of the right to privacy)
We take a break from our usual employment focus to discuss this week's leak of a draft opinion overturning Roe v. Wade. We discuss the legal derivations of the right to privacy in United States jurisprudence and how this draft opinion, if enacted by the Court, has the real potential to chill many of the personal rights we now take for granted. If nothing else, we hope this is educational and you learn something. Trigger Warning: May not be great for pro-lifers. Email us! hwepodcast@gmail.com Find us on twitter: Marc: @saladpants Kate: @K8Bisch Check out our virtually never updated Facebook Page and YouTube Channel ! Please leave a review! Disclaimer: Nothing in this podcast constitutes legal advice. Ever!
Mon, April 25, 2022
S2E45 - Twerk Union!
Today: Strippers on strike! Birthday parties gone bad! Bosses gone berzerk! Find us on twitter: Marc: @saladpants Kate: @K8Bisch Check out our virtually never updated Facebook Page and YouTube Channel ! Please leave a review! Disclaimer: Nothing in this podcast constitutes legal advice. Ever!
Mon, April 11, 2022
S2E44 - I Fart in Your General Direction!
In this episode Kate and Marc talk about: Union organizing at Amazon and Starbucks; Farting as bullying?; How to pay foreign nationals who work in the US; Bad April Fools Day pranks; and Crazy workplace postings! Find us on twitter: Marc: @saladpants Kate: @K8Bisch Check out our virtually never updated Facebook Page and YouTube Channel ! Please leave a review! Disclaimer: Nothing in this podcast constitutes legal advice. Ever!
Mon, March 14, 2022
S2E43 - The Gorilla Has a Nipple Fetish
Our TWO-YEAR anniversary episode! Marc quizzes Kate on our podcast stats. Kate talks about nipples and gorillas. Marc talks about fake pregnancies. Kate talks about butts. Marc reads a story about sperm. Pretty normal week here at the Hostile Work Environment HQ. Find us on twitter: Marc: @saladpants Kate: @K8Bisch Check out our virtually never updated Facebook Page and YouTube Channel ! Please leave a review! Disclaimer: Nothing in this podcast constitutes legal advice. Ever!
S2 E42 · Mon, February 28, 2022
S2E42 - Marc and Kate cuss a lot. For real.
This episode! A US Women's National Team update! Newsflash! Some people in Minneapolis suburbs are racist! Some master sommeliers are not masters of keep their hands off of female colleagues... And...a note to employees on how they should (and should not) handle their colleague's death. Find us on twitter: Marc: @saladpants Kate: @K8Bisch Check out our virtually never updated Facebook Page and YouTube Channel ! Please leave a review! Disclaimer: Nothing in this podcast constitutes legal advice. Ever!
S2 E41 · Mon, February 14, 2022
S2E41 - Kate Wants to Talk about T&A (UPDATED)
Happy Valentines Day! Kate talks a whole bunch about the NFL. Marc talks about penalizing employees who get robbed and/or trapped in their workplace Kate talks about how Tesla is bad. Marc talks about a listener story with stalking! Find us on twitter: Marc: @saladpants Kate: @K8Bisch Check out our virtually never updated Facebook Page and YouTube Channel ! Please leave a review! Disclaimer: Nothing in this podcast constitutes legal advice. Ever!
S2 E40 · Mon, January 31, 2022
S2E40 - Is Colorado in America?
Friend of the Podcast Aaron Weiss of the Center for Western Priorities joins us this episode to talk about two absolutely batsh*t stories. He tells the old tale of the 19th and early 20th century Colorado labor wars. Then he talks about last week's crazy incident where a driver hit a reporter live on air...and the insanity that ensued. Kate talks about the insane Thedacare situation in Wisconsin. And I read a listener story about P. Find us on twitter: Marc: @saladpants Kate: @K8Bisch Aaron: @aweiss Check out our virtually never updated Facebook Page and YouTube Channel ! Please leave a review! Disclaimer: Nothing in this podcast constitutes legal advice. Ever!
S2 E39 · Mon, January 17, 2022
S2E39 - Danny Devito is NOT a Protected Class
We're back! We talk about SCOTUS opinion on vaccine or test mandates... Bad stuff at the University of Michigan...we're blue. :( A follow up on the penny payer story from last episode. For some people, Danny Devito is more important than their job. The Portland Pickles new viral social media campaign...brilliant satire or bad idea? And a full reading of the epic saga of Jean and Jorts. Find us on twitter: Marc: @saladpants Kate: @K8Bisch Check out our virtually never updated Facebook Page and YouTube Channel ! Please leave a review! Disclaimer: Nothing in this podcast constitutes legal advice. Ever!
Tue, December 14, 2021
S2E38 - Jon Hyman Puts Out a Lot
Today we are joined by our favorite guest, Jon Hyman! Jon returns once again with his annual recitation of the Worst Employer of the Year contest. Listen to the episode, then vote here: Worst Employer of 2021 Survey (surveymonkey.com) Kate also chats about the Cuomo brothers...again. Marc reads an awesome listener story about water and sex workers! Find us on twitter: Marc: @saladpants Kate: @K8Bisch Check out our virtually never updated Facebook Page and YouTube Channel ! Please leave a review! Disclaimer: Nothing in this podcast constitutes legal advice. Ever!
S2 E37 · Mon, November 22, 2021
S2E37 - Delivery Available in 3-4 Business Minutes
This episode, Marc and Kate are enemies! But they still manage to talk about: -- Vaccine mandates -- Broadway -- Cricket (the sport, not the bug) -- Delivery vans and -- Listener submitted best interview stories! Email us at hwepodcast@gmail.com Find us on twitter: Marc: @saladpants Kate: @K8Bisch Check out our virtually never updated Facebook Page and YouTube Channel ! Please leave a review! Disclaimer: Nothing in this podcast constitutes legal advice. Ever!
S2 E36 · Mon, November 01, 2021
S2E36 - The $hittiest Boss...Ever
A downer episode if there ever was one. We chat about recent issues with the Chicago Blackhawks. We look at some of the fallout from Colorado's new job posting pay transparency law. We discuss Dave Chappelle's new Netflix special. Plus a listener story and a shitty boss! What else could you possible want??? Find us on twitter: Marc: @saladpants Kate: @K8Bisch Check out our virtually never updated Facebook Page and YouTube Channel ! Disclaimer: Nothing in this podcast constitutes legal advice. Ever!
S2 E35 · Wed, October 13, 2021
He's Here, He's There, He's Every Effingwhere, Jon Hyman, Jon Hyman! (Another Ted Lasso Discussion)
Our friend Jon Hyman joins once us to dissect the employment law issues in our favorite show, Ted Lasso! This time through the end of Season 2. SPOILERS ABOUND We discuss Nate's descent into darkness, the fallout of Sam's big choice, Trent Crimm, Independent, and much much more. Most importantly, we discuss mental health in sports and at work. If you or someone you know needs support, here's a list of resources that can help, shamelessly stolen from Jon's LinkedIn page: National Alliance on Mental Health: nami[dot]org; info@nami[dot]org; 800-950-NAMI; or in a crisis, text "NAMI" to 741741 Department of Health & Human Services' Substance Abuse and Mental Health Services Administration: samhsa[dot]gov; 800-662-HELP (4357) National Suicide Prevention Lifeline: suicidepreventionlifeline[dot]org; 800-273-8255 Other than letting employees know about these resources, what else can employers do to help ensure that employees have the support and resources they need now and in the future? I have five suggestions. 1/ Check in with your employees to make sure they are doing okay. 2/ Check the benefits available to your employees, including EAPs and mental health and counseling services. 3/ Revisit paid-time-off policies and consider providing employees the time they need to take care of themselves and their families. 4/ Consider holding town hall or all-employee meetings that focus on mental health awareness. 5/ Small gestures of kindness can go a long way to make employees feel appreciated and alleviate stress. Find us on twitter: Marc: @saladpants Kate: @K8Bisch Check out our virtually never updated Facebook Page and YouTube Channel ! Disclaimer: Nothing in this podcast constitutes legal advice. Ever!
S2 Enull · Wed, October 06, 2021
Futbol is Life! (A Ted Lasso Discussion)
Our friend Jon Hyman joins us to dissect the employment law issues in our favorite show, Ted Lasso! Workplace romances? Significant others in the locker room? Bully, hazing, and harassment? We cover it ALL! Find us on twitter: Marc: @saladpants Kate: @K8Bisch Check out our virtually never updated Facebook Page and YouTube Channel ! Disclaimer: Nothing in this podcast constitutes legal advice. Ever!
Mon, October 04, 2021
S2E35 - Pi$$ Off, Wankers! (Not a Ted Lasso Episode)
In this episode, Marc and Kate do NOT talk about the recent NWSL scandal. But they DO talk about: Equal Pay for the US Women's National Soccer Team The Cuomo Brothers...birds of a feather... Vaccination mandate update. And a listener story involving chefs and porn Find us on twitter: Marc: @saladpants Kate: @K8Bisch Check out our virtually never updated Facebook Page and YouTube Channel ! Disclaimer: Nothing in this podcast constitutes legal advice. Ever!
S2 E34 · Mon, September 13, 2021
S2E34 - Banana on Wheels
We cover the Biden Administration's new vaccine mandates for federal contractors and employers with over 100 employees. But that's not all... - We discuss the sexy nazi awesomeness that is Brandy Melville - A listener story about a manager and subordinate who are maybe a little too close? - Is it ok to just ignore the cultural norms of the country you're in when traveling for work? Kate thinks yes! - An amazing workplace fight over...a chair. Find us on twitter: Marc: @saladpants Kate: @K8Bisch Check out our virtually never updated Facebook Page and YouTube Channel ! Disclaimer: Nothing in this podcast constitutes legal advice. Ever!
S2 E33 · Mon, August 23, 2021
S2E33 - Have You Ever Hung Out at a Community Pool?
This week! - We don't talk about icky Governor Cuomo... - We do talk about icky gamers - We do talk about the icky Minnesota GOP child sex traffickers - We do talk about the icky Syracuse Police Department - We do talk about an icky way to leave your job...and GO TO JAIL. Find us on twitter: Marc: @saladpants Kate: @K8Bisch Check out our virtually never updated Facebook Page and YouTube Channel ! Disclaimer: Nothing in this podcast constitutes legal advice. Ever!
S2 E32 · Tue, July 20, 2021
S2E32 - Don't Get Your Honey Where You Get Your Money
This episode: - When you assume the risk for your job and then sue, you make an a$$ out of... - Newsflash: Politicians still suck - Remember, my needle phobia outweighs your diabeetus - Watching a Dunkin and you don't even get a donut - Suicides due to work retaliation don't need to happen. If you need help PLEASE CALL the National Suicide Prevention Lifeline: 1-800-273-8255 Find us on twitter: Marc: @saladpants Kate: @K8Bisch Check out our virtually never updated Facebook Page and YouTube Channel ! Disclaimer: Nothing in this podcast constitutes legal advice. Ever!
S2 E31 · Mon, June 28, 2021
S2E31 - If You're Looking for an HR Person, Look at Their Lats NOT Their Biceps!
This episode: -- Uhh sexual harassment laws are still in effect, even during COVID -- Amazon...more Amazon -- How do I manage chronically sick employees? We have the answers! Not. -- A listener story (finally)! -- And an explanation of one of the old timey termination reasons from our last episode! Find us on twitter: Marc: @saladpants Kate: @K8Bisch Check out our virtually never updated Facebook Page and YouTube Channel ! Disclaimer: Nothing in this podcast constitutes legal advice. Ever!
S2 E30 · Mon, June 07, 2021
S2E30 - Splitting and Puking
This week! -- A follow up on our racist dogwatcher, Amy Cooper! Yeah...she's even worse than we thought. -- A jerk teacher who refuses to use proper pronouns for his students -- Maybe don't talk about how women are bad in your job postings? -- If you monkey around, you may just get fired. -- Old-timey reasons for getting fired? Sometimes not the same as new-timey reasons for getting fired. Find us on twitter: Marc: @saladpants Kate: @K8Bisch Check out our virtually never updated Facebook Page and YouTube Channel ! Disclaimer: Nothing in this podcast constitutes legal advice. Ever!
S2 E29 · Mon, May 24, 2021
S2E29 - Don't Kill Your People, People!
*This episode contains discussions of sex and violence. You are hereby warned!* This episode, Marc and Kate discuss: - The UNC tenure process - A little bit about Santorum - Don't kill your people, people! - A novel approach to relieving stress at work. Find us on twitter: Marc: @saladpants Kate: @K8Bisch Check out our virtually never updated Facebook Page and YouTube Channel ! Disclaimer: Nothing in this podcast constitutes legal advice. Ever!
S2 E28 · Mon, May 03, 2021
S2E28 - NO Politics and NO Veggies for YOU!
This week Marc and Kate cover FIVE stories of workplace drama! - Can you (should you) ban political discourse in the workplace? - What happens when you don't show up to work for 15 years? - What are the right venues to go to when you've been discrimination against (hint its not the Department of Justice) - How do you properly handle an inappropriate Zoom flash? And... - Is it cool to rescind a job offer because the soon to be employee needs to breast feed a child? Find us on twitter: Marc: @saladpants Kate: @K8Bisch Check out our not recently updated Facebook Page and YouTube Channel ! Disclaimer: Nothing in this podcast constitutes legal advice. Ever!
S2 E27 · Mon, April 19, 2021
S2E27 - Quack Quack!
This episode: -- Scott Rudin, terrible violent boss...but not a harasser? -- The Svenomenon -- More AITA -- Two stories about sex clubs at work! Find us on twitter: Marc: @saladpants Kate: @K8Bisch Check out our not recently updated Facebook Page and YouTube Channel ! Disclaimer: Nothing in this podcast constitutes legal advice. Ever!
S2 E26 · Wed, April 07, 2021
S2E26 - The Worst Kept Secret in Tallahassee
Note: This episode contains slightly more four letter words and adult content than usual. In this episode, Marc and Kate talk about potential HWE implications related to everyone's favorite Florida man, Matt Gaetz. Then we explore a sex club at work, payment in pennies, and firing employees via group text! Find us on twitter: Marc: @saladpants Kate: @K8Bisch Check out our not recently updated Facebook Page and YouTube Channel ! Disclaimer: Nothing in this podcast constitutes legal advice. Ever!
S2 E25 · Mon, March 22, 2021
S2E25 - Busted for Bustiness
This episode we weigh in on the Andrew Cuomo affair. We look at the Panda Express third-party training that has - among other things - too much underwear and not enough other clothes. And we comment on Coke's attempt to diversify its legal representation. Find us on twitter: Marc: @saladpants Kate: @K8Bisch Check out our not recently updated Facebook Page and YouTube Channel ! Disclaimer: Nothing in this podcast constitutes legal advice. Ever!
S2 E24 · Mon, February 22, 2021
S2E24 - The Reckoning is Not Over
This week we explore what's up with one of Marc's favorite podcasts, Reply All. We explore race issues at Boston College and against the Asian-American population at large. And Marc unsuccessfully tries to convince Kate to watch Buffy the Vampire Slayer. Find us on twitter: Marc: @saladpants Kate: @K8Bisch Check out our not recently updated Facebook Page and YouTube Channel ! Disclaimer: Nothing in this podcast constitutes legal advice. Ever!
S2 E23 · Mon, February 08, 2021
S2E23 - Plagiarism is Okay!
Our labor extravaganza episode! What is the new General Counsel of the NLRB doing in his still short tenure? What do we expect to come next? What's going on with Amazon's Alabama organizing drive? Our very special guest, original podcast co-founder Dennis Westlind, weighs in! We also discuss some 40-year-old harassment at Harvard and a super sketchy bank manager. Find us on twitter: Marc: @saladpants Kate: @K8Bisch Check out our not recently updated Facebook Page and YouTube Channel ! Disclaimer: Nothing in this podcast constitutes legal advice. Ever!
S2 E22 · Mon, January 25, 2021
S2E22 - Consternation
So much this week , including: Kate's famous cake and appalling hot take! Biden Administration Executive Orders! Instacart! Porn and chalupas! Workplace rasslin'! Honestly, there's something for everyone. Find us on twitter: Marc: @saladpants Kate: @K8Bisch Check out our not recently updated Facebook Page and YouTube Channel ! Disclaimer: Nothing in this podcast constitutes legal advice. Ever!
S2 E21 · Mon, January 11, 2021
S2E21 2020 Put a Different Wig On...
Well that was an interesting month of hiatus. We return to talk about firing people who participated in a coup attempt. Also, some rules that will be undone shortly, including the executive order on training limitations going bye bye. But mostly we're just shell shocked by the events of the last week. Also, Marc has a new job. Find us on twitter: Marc: @saladpants Kate: @K8Bisch Check out our not recently updated Facebook Page and YouTube Channel ! Disclaimer: Nothing in this podcast constitutes legal advice. Ever!
Sat, December 12, 2020
S2E20 - A Repository of Awfulness
We welcome back friend of the pod Jon Hyman of Meyers Roman in Cleveland, OH for his annual Worst Employer of the Year Contest! VOTE HERE Then we revisit our favorite subreddit, Am I the A$$hole, and listen to the story of a Czech worker with an unfortunate name...for Americans. Find us on twitter: Marc: @saladpants Kate: @K8Bisch Check out our not recently updated Facebook Page and YouTube Channel ! Disclaimer: Nothing in this podcast constitutes legal advice. Ever!
S2 E19 · Mon, November 30, 2020
S2E19 - Everyone's the A$$hole
This week we dive into a cheesebur...err, racism case. Then we talk about a retaliation case that may or may not have all the required elements. Lastly, when your spouse accidentally flashes your co-workers on a Zoom call and you report it to HR, does that make you the a$$hole? Listen in for our take! Please rate and review us on iTunes! Find us on twitter: Marc: @saladpants Kate: @K8Bisch Check out our not recently updated Facebook Page and YouTube Channel ! Disclaimer: Nothing in this podcast constitutes legal advice. Ever!
Mon, November 16, 2020
S2E18 - For the Birds
This week we dive into the election results (hint: when it comes to direct democracy, the US may be more liberal than you think). Then we discuss your rights if you're fired for your political affiliation. Lastly, we close it out with some news from the Audubon Society. Please rate and review us on iTunes! Find us on twitter: Marc: @saladpants Kate: @K8Bisch Check out our not recently updated Facebook Page and YouTube Channel ! Disclaimer: Nothing in this podcast constitutes legal advice. Ever!
Sun, November 01, 2020
S2E17 - A Plastic Bathtub Full of Red Wine
This is it folks...2 days until the election. Can you feel our anxiety? Anticipation? This week we optimistically look forward and give our best predictions on what employment law changes might occur in a Biden Administration. Please rate and review us on iTunes! Find us on twitter: Marc: @saladpants Kate: @K8Bisch Check out our not recently updated Facebook Page and YouTube Channel ! Disclaimer: Nothing in this podcast constitutes legal advice. Ever!
S2 E16 · Mon, October 19, 2020
S2E16 - Let's Talk About Pubes!
This week we talk about the President's Executive Order on Diversity Training and at least one unexpected response. We examine why an NFL sports commenter received a two-week suspension. And lastly, back to soccer, and how not to treat your female sideline referee. Enjoy! Please rate and review us on iTunes! Find us on twitter: Marc: @saladpants Kate: @K8Bisch Check out our not recently updated Facebook Page and YouTube Channel ! Disclaimer: Nothing in this podcast constitutes legal advice. Ever!
Tue, October 06, 2020
S2E15 - Keep Your Pants on at Work, People!
This week we chat about RBG's legacy, past employment cases of Amy Coney Barrett, a case of workplace masturbation, and end with a feel good minor league soccer story! Please rate and review us on iTunes! Find us on twitter: Marc: @saladpants Kate: @K8Bisch Check out our Facebook Page and YouTube Channel ! Disclaimer: Nothing in this podcast constitutes legal advice. Ever!
Mon, September 21, 2020
S2E14 - Feeding the Anti-Union Resistance!
RIP RBG This week, more discussion of companies behaving badly! - The Happiest Place on Earth maybe not so happy when it comes to deadly diseases... - No Evil Foods may be slightly evil... - And MPR (yes, that's M for Minnesota) has quite a mess on its hands... E-mail us your stories, questions, concerns and/or discussion items to hwepodcast@gmail.com. Please rate and review us on iTunes! Find us on twitter: Marc: @saladpants Kate: @K8Bisch Check out our Facebook Page and YouTube Channel ! Disclaimer: Nothing in this podcast constitutes legal advice. Ever!
S2 E13 · Tue, September 08, 2020
S2E13 - The Sports A$$hole Extravaganza Episode
We're back and we're talkin' SPORTS baddies. Rafael Nadal: Bad Dell Loy Hansen: Bad Dan Snyder & Washington Football Team: Bad E-mail us your stories, questions, concerns and/or discussion items to hwepodcast@gmail.com. Please rate and review us on iTunes! Find us on twitter: Marc: @saladpants Kate: @K8Bisch Check out our Facebook Page and YouTube Channel ! Disclaimer: Nothing in this podcast constitutes legal advice. Ever!
S1 E46 · Mon, August 24, 2020
S1E46 -- It's My Service Stallion! (repeat)
Kate and Marc are on a short hiatus this week! Instead, enjoy this classic Marc and Dennis episode about service animals, prosthetic genitalia, and work erections! E-mail us your stories, questions, concerns and/or discussion items to hwepodcast@gmail.com. Please rate and review us on iTunes! Find us on twitter: Podcast: @hwepodcast Marc: @saladpants Kate: @K8Bisch Check out our Facebook Page and YouTube Channel ! Disclaimer: Nothing in this podcast constitutes legal advice. Ever!
Tue, August 11, 2020
S2E12 - Now I'm Watching WAP All the Time!
A news focused episode! We chat about more harassment at NBC (seriously, NBC?), an interesting method for anticipated disability claims by L'Oreal USA, and the University of Alabama has an interesting way of supporting their nursing staff who have kids... Then we wrap it all up with listener submission that brings us back to the corporate office culture of the 1980s >. All this and more on this week's Hostile Work Environment Podcast. E-mail us your stories, questions, concerns and/or discussion items to hwepodcast@gmail.com. Please rate and review us on iTunes! Find us on twitter: Marc: @saladpants Kate: @K8Bisch Check out our Facebook Page and YouTube Channel ! Disclaimer: Nothing in this podcast constitutes legal advice. Ever!
Mon, July 27, 2020
S2E11 - Fire Every Man in a Banana Hammock!
Social media and the workplace...Can't live with it. Can't live without it. Is it cool to you Google your applicants to learn more about them pre-hire? Yes, but be careful. Is it cool to shame female doctors who post bikini photos on social media? No, but you can still probably fire them if you're a jerk. #medbikini Is it cool to fire someone who engaged in offensive or vulgar conduct while also advocating for workplace rights? Is it now...sorta. All this and more on this week's Hostile Work Environment Podcast. E-mail us your stories, questions, concerns and/or discussion items to hwepodcast@gmail.com. Please rate and review us on iTunes! Find us on twitter: Marc: @saladpants Kate: @K8Bisch Check out our Facebook Page and YouTube Channel ! Disclaimer: Nothing in this podcast constitutes legal advice. Ever!
S2 E10 · Mon, July 13, 2020
S2E10 - Their Dirty Little Condoms All Over Their Fingers (SCOTUS religion cases)
Hey sup! So the Supreme Court dropped a whole lotta cases last week, including two cases around the intersection of religion and employment law. We discuss those cases in depth. And we have...opinions. The first is Our Lady of Guadalupe School v. Morrissey-Berru , which effective expands the "Ministerial Exception" and says that religious organizations can discriminate against any employee with a religious or "ministerial" role. The second is Little Sisters of the Poor Saints Peter and Paul Home v. Pennsylvania , which says employers can opt out of providing birth control and contraception under health benefit plans based on religious or moral grounds. E-mail us your stories, questions, concerns and/or discussion items to hwepodcast@gmail.com. Please rate and review us on iTunes! Find us on twitter: Marc: @saladpants Kate: @K8Bisch Check out our Facebook Page and YouTube Channel ! Disclaimer: Nothing in this podcast constitutes legal advice. Ever!
S2 E9 · Mon, June 29, 2020
S2E9 - You Made Me Feel Something for NASCAR?
We welcome special guest Jackye Clayton to talk about the newly progressive NASCAR. (I can't believe I'm saying that.) And of course we talk tampons in frappucinos and bleachy milkshakes. We wrap it up with a discussion of how to update your training materials to incorporate current events. E-mail us your stories, questions, concerns and/or discussion items to hwepodcast@gmail.com. Please rate and review us on iTunes! Find us on twitter: Marc: @saladpants Kate: @K8Bisch Check out our Facebook Page and YouTube Channel ! Disclaimer: Nothing in this podcast constitutes legal advice. Ever!
S2 E8 · Mon, June 15, 2020
S2E8 - This is REALLY BIG! SCOTUS Expands Workplace Protections to Gay and Trans Employees! (Bostock v. Clayton County, Georgia)
This is it -- As of THIS MORNING, employment protections based on sexual orientation and sexual identity are NOW THE LAW OF THE LAND! Undoubtedly one of the biggest employment cases of our careers, this is cause to celebrate! We discuss the case and the justices and place it all within its historical context. Then we answer your questions! Woot woot! E-mail us your stories, questions, concerns and/or discussion items to hwepodcast@gmail.com. Please rate and review us on iTunes! Find us on twitter: Marc: @saladpants Kate: @K8Bisch Check out our Facebook Page and YouTube Channel ! Disclaimer: Nothing in this podcast constitutes legal advice. Ever!
S2 E7 · Mon, June 15, 2020
S2E7 - Marc and Kate Are Not Pregnant
In these complex times we throw our normal formula out the window, and focus on issues that matter today. To that end, in this episode we address race discrimination at ABC News (is this the start of a #MeToo movement based on race???), and we discuss how police unions present a real impediment to changing policing and holding officers accountable. Then we discuss the advantages and disadvantages of gaslighting your business partner, and the real problems that occur when you let your thong show on the factory floor. E-mail us your stories, questions, concerns and/or discussion items to hwepodcast@gmail.com. Please rate and review us on iTunes! Find us on twitter: Marc: @saladpants Kate: @K8Bisch Check out our Facebook Page and YouTube Channel ! Disclaimer: Nothing in this podcast constitutes legal advice. Ever!
S2 E6 · Mon, June 01, 2020
S2E6 - The World is Crumbling All Around Us
It's a hard time, people. Even stuck at home, the insult that is 2020 continues around us, and we can't ignore it just because we're an employment law podcast. This week we discuss various disturbing events that have occurred during the last 10 days, and at least try to pretend we're still an employment law podcast by analyzing the employment ramifications. Topics include: Central Park Cooper-Gate George Floyd The Pennsylvania legislature Indeed Advent Capital Hedge Fund "Marry Fuck Kill List" didtheyhelp.com Stay safe. Stay positive. E-mail us your stories, questions, concerns and/or discussion items to hwepodcast@gmail.com. Please rate and review us on iTunes! Find us on twitter: Marc: @saladpants Kate: @K8Bisch Check out our Facebook Page and YouTube Channel ! Disclaimer: Nothing in this podcast constitutes legal advice. Ever!
S2 E5 · Mon, May 18, 2020
S2E5 - Let Me Smell That Contract!
We talk about Vince McMahon's firing of XFL CEO Oliver Luck right before the league crashed and burned. Then we address some listener questions, including mental illness at the workplace, marijuana use and more! Lastly, a listener story about handling cultural misunderstandings. E-mail us your stories, questions, concerns and/or discussion items to hwepodcast@gmail.com. Please rate and review us on iTunes! Find us on twitter: Marc: @saladpants Kate: @K8Bisch Check out our Facebook Page and YouTube Channel ! Disclaimer: Nothing in this podcast constitutes legal advice. Ever!
S2 E4 · Thu, May 07, 2020
S2E4 The Poop Rails Come Off
Marc makes one solitary comment about not being super into poop humor, so of course now we have a whole episode about poop, flatulence, and IBS at work. We hope you're happy, Kate. In all fairness, poop aside, we have a great conversation about difficult HR conversations and the evolution (and future evolution?) of accommodations and working from home. Then we tie it all up with a great 90s era listener story about sports and [CENSORED] body parts. E-mail us your stories, questions, concerns and/or discussion items to hwepodcast@gmail.com. Please rate and review us on iTunes! Find us on twitter: Marc: @saladpants Kate: @K8Bisch Check out our Facebook Page and YouTube Channel ! Disclaimer: Nothing in this podcast constitutes legal advice. Ever!
S2 E3 · Mon, May 04, 2020
Sp Ep 5 - We're a Soccer Lovin' Podcast (USWNT lawsuit update!)
Breaking news! A federal court in California has largely ruled against the US Women's National Team in their pay equity lawsuit . Marc and Kate summarize the arguments, analyze the opinion, offer their own takes on what should have happened, and discuss what's likely to happen next. E-mail us your stories, questions, concerns and/or discussion items to hwepodcast@gmail.com. Please rate and review us on iTunes! Find us on twitter: Marc: @saladpants Kate: @K8BischHRlaw Check out our Facebook Page and YouTube Channel ! Disclaimer: Nothing in this podcast constitutes legal advice. Ever!
S2 E3 · Mon, April 20, 2020
S2E3 - National Horny Day
This week we continue our exploration of the most famous employment cases in history, examining a landmark case in the area of wage/hour and fair pay. Trust us...it still has plenty of juicy facts. We read a listener story about a skeezy salesman who lives up to every stereotype of skeezy salesmen. And we comment on a new (to us) national holiday, that is sure to generate all sorts of great content for the podcast. E-mail us your stories, questions, concerns and/or discussion items to hwepodcast@gmail.com. Please rate and review us on iTunes! Find us on twitter: Marc: @saladpants Kate: @K8BischHRlaw Check out our Facebook Page and YouTube Channel ! Disclaimer: Nothing in this podcast constitutes legal advice. Ever!
S2 E2 · Mon, April 06, 2020
S2E2 - Hey, You Better Give Me My Dog Back
In our second regular episode Marc and Kate explore another classic employment case with absolutely crazy and disturbing facts (Oncale v. Sundowner), establishing that same sex claims can be brought under Title VII. They also explore some amazing listener stories, and Kate relays her favorite personal HR story. E-mail us your stories, questions, concerns and/or discussion items to hwepodcast@gmail.com. Please rate and review us on iTunes! Find us on twitter: Marc: @saladpants Kate: @K8BischHRlaw Check out our Facebook Page and YouTube Channel! Disclaimer: Nothing in this podcast constitutes legal advice. Ever!
S2 E1 · Thu, April 02, 2020
Sp Ep 4 - Embarrassed and Tickled (COVID Shaming!)
In this special midweek COVID-19 episode, Marc and Kate summarize the news stories about employers who are behaving...less than stellar. We dig into Amazon , Hobby Lobby , medical systems firing professionals for being public about the lack of personal protective equipment. We also look at lawyers behaving badly and examine tweets of employee complaints. We wrap it up with two employers -- Giant Eagle and Gravity -- who not only are doing it right, but are going above and beyond to keep employees working. Also...unicorns and elves. E-mail us your stories, questions, concerns and/or discussion items to hwepodcast@gmail.com. Please rate and review us on iTunes ! Find us on twitter: Marc: @saladpants Kate: @K8BischHRlaw Check out our Facebook Page and YouTube Channel ! Disclaimer: Nothing in this podcast constitutes legal advice. Ever!
S2 E1 · Mon, March 23, 2020
S2E1 - I'm Talkin' Sandra F*ckin' Day O'Connor
Need a COVID-19 break? Yeah, us too. In our first regular episode, Marc and Kate discuss the classic case of a woman who was harassed at work...and helped change the course of jurisprudence in America. They also discuss an off-the-wall listener story about exactly what NOT to do after you leave employment. Send us your stories, questions, concerns and/or discussion items to hwepodcast@gmail.com. Marc Twitter: @Saladpants Kate Twitter:: @k8bischHRLaw Check out our Facebook page and YouTube Channel ! Disclaimer: Nothing in this podcast constitutes legal advice!
S2 Enull · Thu, March 19, 2020
Sp Ep 3 - Team Halfwit Rides Again
Stuck at home at the start of a long quarantine, the members of Team Halfwit -- who had never spoken together in a group outside of WhatsApp -- discuss their personal and professional experiences related to the Coronavirus (COVID-19). It was a special time for us, and we hope, a useful dialogue for all of you. Just for fun, we top off the episode with a listener submission about an elevator that can't go all the way down... The glorious members of Team Halfwit are: Jon Hyman: @JonHyman | The Ohio Employer Law Blog (temporarily renamed the Coronavirus Law Blog) Tracy Coenen: @SequenceInc | Sequence Inc. Forensic Accounting Suzanne Lucas: @RealEvilHrLady | Evil HR Lady Jeff Nowak: @jeffreysnowak | FMLA Insights Daniel Schwartz: @danielschwartz | The Connecticut Employment Law Blog Please read their blogs, interact with them on social media, and hire them. And of course your co-hosts... Kate Bischoff: @k8bischHRLaw | tHRive Law and Consulting Marc Alifanz: @saladpants | Coming Soon: Alifanz HR Law and Consulting (yes, he totally copied Kate) The podcast can be found at @hwepodcast Please email your stories, questions, comments and/or discussion items at hwepodcast@gmail.com Lastly, thank you so much for listening and supporting us. Please let people know about us and that we're BACK! Please rate and review us on iTunes
S2 Enull · Mon, March 16, 2020
Sp Ep 2 (Coronavirus!): This Pod Does NOT Condone Licking Co-Workers
Coronavirus and COVID-19 are taking over our lives. Everyone and their mother has come out with their advice and takes, from the super technical to the outright absurd. Hosts Marc Alifanz and Kate Bischoff are joined by Joey Price of Jumpstart HR for a level-headed, practical look at how businesses should manage through this unprecedented interruption in our lives. We give our best overall advice and answer listener submitted questions, all while drinking Corona, using hand sanitizer and not taking ourselves too seriously. Remember: Please submit your stories, comments, questions, concerns and/or discussion items, which you can email to hwepodcast@gmail.com. Please let your friends, colleagues and families know we're back and to SUBSCRIBE wherever you listen to podcasts and RATE & REVIEW us on iTunes. Also, now with video on Facebook and on Youtube. Just subscribe to our Facebook group or our YouTube Channel !! Kate Twitter: @k8bischHRLaw Marc Twitter: @saladpants Podcast Twitter: @HWEPodcast Joey Price Twitter: @JoeyVPriceHR Disclaimer: Nothing in this podcast constitutes legal advice!
S2 Enull · Wed, March 11, 2020
Sp Ep 1 - Tavis Not So Smiley
The verdict is in on Tavis Smiley! Mr. Smiley was suspended and fired in 2017 as a former PBS host at the height of #MeToo, accused of having sexual relations -- some consensual, some not -- with co-workers, including subordinates. He sued PBS, who counter-sued based on a morals clause in his contract. In their first special episode, Marc and Kate discuss the case and the jury verdict that came down in early March 2020. Remember: Please submit your stories, comments, questions, concerns and/or discussion items, which you can email to hwepodcast@gmail.com. Please let your friends, colleagues and families know we're back and to SUBSCRIBE wherever you listen to podcasts and RATE & REVIEW us on iTunes. Also, now with video on Facebook and on Youtube. Just subscribe to our Facebook group or our YouTube Channel !! Kate Twitter: @k8bischHRLaw Marc Twitter: @saladpants Podcast Twitter: @HWEPodcast
S2 Enull · Mon, March 09, 2020
S2E0 - Super Excited to be Here
Hostile Work Environment is back!! **And apologies for the rough sound on this!!! It will be fixed in episode 2!** In this episode we reveal our new co-host (rhymes with Great Krishoff)!!! We discuss who we are and why we are here. We discuss the new podcast format and frequency. And WE BEG for your stories, comments, questions, concerns and/or discussion items, which you can email to hwepodcast@gmail.com. Please let your friends, colleagues and families know we're back and to SUBSCRIBE wherever you listen to podcasts and RATE & REVIEW us on iTunes. Also, now with video on Facebook and on Youtube. Just subscribe to our Facebook group or our YouTube Channel !! Thanks all! We're thrilled to be back.
Trailer · Thu, February 20, 2020
Teaser -- Hostile Work Environment: THE RETURN!!!
That's right! We're coming back with new episodes and a new co-host! Get ready for it all to drop this March. In the meantime, make sure to follow us on twitter: @HWEPodcast Follow Marc on Twitter: @saladpants Submit questions, comments, stories, anything you like to our NEW email address: HWEPodcast@gmail.com Like our Facebook page: https://www.facebook.com/HWEPodcast/ And yay we're going to have VIDEO and will posting episodes on YouTube. We're still building the channel, but you can subscribe here: https://www.youtube.com/channel/UCPo1vUFNy2uG_I9J15hI-eQ
Mon, December 03, 2018
Episode 54 – Long and Tedious
We have a very special episode–our last. We go out with a bang, starting with a news item of a very unique form of harassment, and where we learn not to go to your boss for a pelvic exam. Then, we go through four different listener submitted stories, and give a very special heartfelt thanks…
Mon, November 19, 2018
Episode 53 – Dennis Corrects His Wild, Flaming Idiocy
What topic was so horrifically awful that even Dennis didn’t think Marc should present it to a live audience? Listen and find out…if you dare! We also launch a new segment we like to call “Dennis Corrects His Wild, Flaming Idiocy.” And as per usual, a listener-submitted story that is way better than 98% of…
Mon, November 12, 2018
Episode 52 – Sometimes You Should Just Shut the Fork Up (Live from PNERF 11-8-18)
What are the top five employment law risks you should know about? Is it okay to classify your fast food workers as executives? How can a job interview lead to a lawsuit? Is Catholo-Satanism a real religion? Marc and Dennis explore these topics live before a studio audience at the NW Enterprise Risk forum in…
Mon, November 05, 2018
Episode 51 – sweetthang@hwepodcast.com
Why did Google employees around the globe walk off of their jobs last week? Are their demands reasonable? Do they want to use Internet Explorer? And should you conduct a police-style lineup to identify the employee who submitted an unsolicited explicit photo of himself?
Mon, October 29, 2018
Episode 50 – The Death and Dismemberment Episode (Live from PHRMA Oct 2018)
Wow – our 50th episode, and it was recorded live! Four great stories all about workplace onanism. When is an employer responsible for preventing its employees from murdering one another? And two listener-submitted stories from a live, living and breathing listener! Recorded live at PHRMA’s Member Appreciation event in Portland Oregon on October 24, 2018.…
Mon, October 15, 2018
Episode 49 …and a Horse
So, you fired the person you concluded committed a workplace sexual assault – and now that person is suing you for sex discrimination! Can that happen? Marc and Dennis discuss what duties (if any) employers owe suspected harassers. Also, learn what happens when a 77 year old boss fires an 80 year old employee–could it…
Mon, October 08, 2018
Episode 48 – We’re Better Than Vodka
Can a workplace lawfully ban dreadlocks? Is that racist, or anti-Rastafarian? Does a policy banning “caps” apply to headscarves? Also, what do you do if you inadvertently say a really racist thing to a newly hired employee? (Pro Tip – don’t just fire them!)
Mon, October 01, 2018
Episode 47 – A Judge is Kinda Supposed to Know the Rules of Evidence
Is it a BFOQ for a judge to know the rules of evidence, or how to make a cogent argument? Should that go double for a Supreme Court Justice? Marc and Dennis (both admitted Bolsheviks) give their take on the Brett Kavanaugh confirmation mess. And seriously check out this article we discovered after we recorded,…
Mon, September 24, 2018
Episode 46 – It’s My Service Stallion!
We’ve been waiting a long time to talk about this one: service animals! What is a “real” service animal? What do you do when an employee shows up with their “emotional support wolverine?” What should you do when a coworker is allergic to another coworker’s service cat? Also, can you really fire someone because they…
Mon, September 17, 2018
Episode 45 – I Hate Them and I Hope They All Burn
Marc and Dennis are coming to you from #ASHHRA18 in beautiful Pittsburgh PA! Why does the U.S. Women’s soccer team get paid a fourth of what the Men’s team gets paid, even though they are clearly way, way better? What is our podcasting buddy Jon Thurmond up to these days? What inappropriate message did one coworker…
Mon, September 10, 2018
Episode 44 – Work is Boring
Which is the more heinous offense: Using a bad pun on your name as a business name, or forcing your employees to attend bible study during working hours? Do your good intentions outweigh your employment law violations? What does a pre-millennial think about the modern workplace? (hint-it involves farts.) And finally, is there a difference…
Tue, September 04, 2018
Episode 43 – Slavery: Still Bad
Here’s a topic we never thought we’d have to talk about: Slavery. Turns out human trafficking and indentured servitude still exists in the American Workplace (well, at least two workplaces in South Carolina and a Thai restaurant in Portland). We also never thought we’d talk about Marc’s career as a dollar-store cashier, but here we…
Mon, August 27, 2018
Episode 42 – Stupid and Lazy
Don’t you just hate it when the strippers you thought were properly classified turn out to be employees and sue you for unpaid overtime? What do you mean that’s never happened to you – you think you’re better than us, don’t you? Well, we talk about strippers and cheesecake in this episode. And how filming…
Mon, August 20, 2018
Episode 41 – The Raving Racist Customer is Always Right
What should a hospital do when a patient insists on a female doctor? A Muslim therapist? A white nurse? Marc and Dennis break down the legal issues that arise when a customer demands service based on gender, religion or in some cases, race. What if your religion forbids you from shaking hands with the opposite sex?…
Mon, August 13, 2018
Episode 40 – C U Next Monday
We can’t advise strongly enough against posting revenge porn. Especially if you happen to be an airline pilot and you name your employer when you post it. But what is an employer to do? Find out what they shouldn’t do in this episode! What do you do if you get an unsolicited booty call text? …
Mon, August 06, 2018
Episode 39 – When You Don’t Know the Law, Ask Google!
Since I’m a small employer, I can totally discriminate against people, right? Not so fast! Marc and Dennis talk about the importance of location, location, location when it comes to employment law compliance. Our first advertisement! (We just need to collect our bill, and we’ll be rolling in dough). And, a great listener-submitted story about…
Mon, July 30, 2018
Episode 38 – Speak From Your Scars, Not From Your Open Wounds
I am writing to inform you that Marc has decided to leave the Hostile Work Environment to spend more time with his family, and Dennis has decided to leave to pursue other interests. (Just kidding — we’re here to stay. ) But we do talk about what special guest and People and Culture professional extraordinaire…
Mon, July 23, 2018
Episode 37 – Dead People are Really Bad at Paying Their Bills
Marc and Dennis return to their favorite industry – funeral homes – to discuss a serious issue: What should you do when you find out the owner of the company is engaging in horrific sex harassment (which may or may not involve corpses)? Why is higher education-in particular, the sciences-a hotbed of gender discrimination? Why…
Mon, July 16, 2018
Episode 36 – Fire Pole
It’s hot out there, so some employees are making it hot in here by ignoring standards of appropriate dress! Like, can you wear the stars and bars to work? Can your boss make you wear high heels? How much thong is too much thong? Then we have an update about our friend who was fired…
Mon, July 09, 2018
Episode 35 – The Dark Ages of Deoderant
Some people work for peanuts, other people won’t work in a workplace with peanuts — Marc and Dennis explore a disability lawsuit where peanuts figure quite prominently. Dennis tells an international tale with an interesting defense to a sex harassment claim. And Marc tells an uplifting tale of workplace body odor and how a social…
Mon, July 02, 2018
Episode 34 – Proofread and Don’t Shoot People
Holy punitive damages, Batman! Marc tells Dennis about the biggest employment case verdict in Massachusetts history. An FBI agent goes off half-cocked (not a euphemism). Trigger warning (no pun intended): penis tattoos figure heavily in today’s episode. (Link has profanity and somewhat not safe for work.)
Mon, June 25, 2018
Episode 33 – Legal But Dumb
We begin with some practical (but certainly not legal) advice on how to intelligently conduct an equal pay audit without just opening your wallet to the class action lawyers. Marc and Dennis debate whether it is okay to fire your political opponent. We share a truly horrific story about incestuous assaults by employees – and…
Mon, June 18, 2018
Episode 32 – Mountains and Mountains of Cocaine
It’s the All-Florida Episode! Where can you serve booze to your alcoholic employee, lock them out of the building, and then make them walk home so they get hit by a train? Florida! Where can you fire a deaf employee for talking too loud? Florida! Where can you snort mountains of cocaine? Where can you…
Mon, June 11, 2018
Episode 31 – The Hamslinger
When is it okay to discriminate against gay folks? (Hint: never.) When is it okay to call someone the C-Word? (Hint: never.) When is it okay to throw sizzling hot ham in a coworker’s face? (Hint: rarely.) We discuss these issues and more in this very special episode of the Hostile Work Environment, featuring special…
Mon, June 04, 2018
Episode 30 – A Thousand Things to Get All Butthurt About
What do you do when you get fired because your boss tweeted some racist nonsense (and blames it on Ambien)? Marc and Dennis discuss whether the cast and crew of Roseanne have a claim against their twitter-happy star. Should you get all excited because the Supreme Court greenlit class action arbitration agreements? And what are the…
Tue, May 29, 2018
Episode 29 – Loud and Angry
Anyone can complain about sex harassment, but Marc and Dennis discuss more novel ways to take revenge on one’s handsy tormentor. Can MMA fighters unionize? And, what do you do when an executive “let’s it all hang out?”
Mon, May 21, 2018
Episode 28 – Ten Minutes of Scatological Wonder
An episode of nothing but bland filler as we wait for something interesting to happen in the world of employment law. We discuss: The merits of Canadian doughnut chains; Patrons throwing their fecal matter at employees (to be clear, not OUR glorious podcast patrons); Laxative-laced brownies leading to termination; Waterboarding as a fantastic motivational tool for one…
Mon, May 14, 2018
Episode 27 – Butt Download
When can you fire someone for their inappropriate behavior – that had nothing to do with work? What if they are the chair of a gigantic law firm? When can you use the job description cliche “other duties as may be assigned” to make someone photograph a murder scene? When can you finally fire the…
Mon, May 07, 2018
Episode 26 – Fluids
Marc and Dennis take on the world of swearing at work. When can you tell the boss to go &$^%#! himself and still keep your job? Learn why referring to your workplace drama as “____gate” might get you into legal hot water. The most epic and disgusting listener submitted story of all time (at least…
Mon, April 30, 2018
Episode 25 – There’s Never Enough Buffet
Why is Marc’s office building such a historic location? What do buffet restaurant employees and college football players have in common? What is the law of butt dialing? (Thanks Eric Meyer!) What would we talk about without the Southern United States? Should we be reading Cracked Magazine? These questions and many others are answered in…
Mon, April 23, 2018
Episode 24 – She Makes Jello Salads
Marc and Dennis discuss the issues of the day: resume fraud, identity theft, wage theft, wine theft, underage drinking, sitting, standing and powerwashing. Not necessarily in that order. Twitter Facebook Contribute Leave us a review on iTunes!
Mon, April 16, 2018
Episode 23 – Flippin’ the Proverbial Bird
Can you really get fired for flipping the bird? What if you flip off POTUS’s motorcade? What if you work for a government contractor? What if you post a photo of you flipping off POTUS’s motorcade on Facebook and tell your boss about it? Marc and Dennis are joined by very special guest Kate Bischoff…
Mon, April 09, 2018
Episode 22 – Hate to Break it to You, But I Think You’re an Anti-Semite
Marc and Dennis talk about Jewish Holidays, a clever segue into an epic tale of antisemitism, intolerance, the internet, poor choices, and lard pie crusts. They break down an equally epic live twitter stream of a workplace investigation. Finally, can dead people sue you (without rising from the grave or any of that Twilight nonsense)? …
Mon, April 02, 2018
Episode 21 – The Per Capita Strip Club Capital of North America
Dennis returns from trial. We discuss first day of law school scary stories. Marc asks when is a BFOQ really a BFOQ. A discussion of Hamilton. Marc totally name-drops Lin Manuel. Christian colleges discriminate in hiring. A transgender funeral director is victorious. A sobering but compelling listener story. Check us out on Patreon — we now…
Mon, March 19, 2018
Episode 19 – Don’t Throw the Feces of Deceased People in the Workplace
So, you think you have a crappy job? We’re willing to bet it’s not as crappy as this whisteblower’s job in a crematorium. (Warning-if the title of this episode creeps you out, you should really listen to whatever NPR is offering this week). A plastic pumpkin leads to an arrest and a case of workers’ comp…
Mon, March 12, 2018
Episode 18 – The Nurse Capades on Ice
This one is for the recruiters! Marc and Dennis discuss several cases on how recruiters/employers get themselves into legal hot water with hiring. The DOL does an audit and uses math and statistics to bust someone for discrimination in hiring. Another employer failed to promote an employee based on his national origin and religion. Queens bakery…
Mon, March 05, 2018
Episode 17 – One Boob Grab Gets the Whole Company Kicked Out
Updates! More updates! Updates galore! Marc and Dennis go way, way, way back to Episode 1 and give you an update on the "Mark (or is that Marc?) of the Beast Case, which just saw some action at the U.S. Supreme Court! More on the Damore v. Google mess, including an intriguing turnabout. The Second Circuit weighs in on whether Title VII covers sexual orientation, and a listener provides theories on why Oregonians pronounce acronyms as they do. Plus, a listener story involving drinking, groping, more drinking, more groping, and a forced change of venue for the company holiday party.
Mon, February 26, 2018
Episode 16 – A Crazy Sexist Pig
Can office pranks go horribly, horribly wrong? Of course they can - and to help you prepare for April Fools' day in a little over a month, Marc and Dennis explain how they can get you sued, and suggest some guidelines for avoiding pranks that go too far. A judge gets overturned simply for being a sexist, and a reader story shows how office romance can be misconstrued.
Mon, February 19, 2018
Episode 15 – Not Entirely Peaches and Cream
Our hosts talk to Suzanne Lucas, appearing all the way from Switzerland (the land of alphorns, Ricola, yodeling, and bank accounts) on what gifts not to give at work. We learn about a new way to report workplace harassment using artificial intelligence, and for the first time, Marc and Dennis answer a listener question (without so much as a hint of legal advice).
Mon, February 12, 2018
Episode 14 – Santa Comes and Murders the Group with an Axe
Marc and Dennis welcome Dan Schwartz, employment law blogger pioneer, for a discussion of good things to avoid on Valentine's Day. Dan sticks around for the first every Hostile Work Environment debate, where he and Dennis fight over whether to pronounce each letter in an acronym or to make it into a new word, only to find out that they are both horribly inconsistent. Marc concludes the episode with a heartwarming Axemas tale.
Mon, February 05, 2018
Episode 13 – Clean the Trailer (While Wearing a French Maid’s Costume)
Episode 13, in which Marc and Dennis congratulate the winner of the Super Bowl! They then delve into a company barbecue to remember. We learn that not every FMLA-taker who posts vacation photos while on leave is a big faker, and that burger joints are great places for payroll shenanigans.
Mon, January 29, 2018
Episode 12 – So far outside the bounds of decency…
In this episode, Marc and Dennis explore how courts have interpreted Title VII to apply to sexual orientation discrimination claims. Marc tells a story about how not to communicate that a command of the English language is a bona fide occupational requirement. And who would have guessed that a burger joint could be a front for a drug operation?
Mon, January 22, 2018
Episode 11 – Aquagirl
In Episode 11 of the Hostile Work Environment, Marc, Dennis and special guest star Ann Fromholz turn the lens on the legal profession, and regale each other with stories about law firm summer associates who engage in terrible behavior. One firm event takes several budding young lawyers to an S&M club, another law firm learns the value of checking references, and a law student shows off her swimming ability in the Hudson River. Also, there is swag.
Mon, January 15, 2018
Episode 10 – I Mean Bombthrowing Figuratively, Of Course
Our hosts are joined by guest Ann Fromholz to discuss a unique race and gender discrimination claim against Google - unique in that it is being pursued by two right-wing white dudes claiming they are oppressed. When they get over their collective revulsion, Marc tells Dennis the story of the most epic holiday part of all time, which causes Dennis to Google "Ice Luge." Finally, Dennis makes the most important Hostile Work Environment announcement EVER.
Mon, January 08, 2018
Episode 9 – Rainforest Fresh Completely Clashes with Spice Island
What do you do when a coworker smells like a monkey's butt? We learn the right way to address workplace BO, and a few wrong ways. We also talk about why people in Oregon and New Jersey cannot be trusted to do something that millions of people in the other 48 states (and across the world) do daily without incident. Marc tells a story that uses the F-word. A lot. (That's your trigger warning right there.)
Tue, January 02, 2018
Episode 8 – Phallus, with Accoutrements
In Episode 8, Marc and Dennis discuss how you can receive a claim for unpaid overtime from an employee you did not know existed. Our hosts then talk about how the Pacific Northwest skies are home to some unusual phenomena. Also why one HR executive may need remedial training, if not psychological counseling.
Mon, December 18, 2017
Episode 7 – Asbestos is Bestest
Happy Holidays from Marc and Dennis! In Episode 7, our hosts show that Santa's Workshop is definitely a hostile work environment, with two stories of truly Bad Santas, and one tragic tale of a smoking hot (literally) Santa. Also learn how an employee can get fired for kidnapping a customer and still walk away with a $50,000 settlement.
Thu, December 14, 2017
Special Episode 2 – How to Make Your Holiday Party Dull (Kate Bischoff)
Episode 6, in which HR advisor and employment lawyer Kate Bischoff of tHRive Law and Consulting joins us to discuss how manage risk at your holiday party without making it…not fun. If you don’t already, you need to go right now and follow her on Twitter and also read her blog. Many thanks to Kate for…
Mon, December 11, 2017
Episode 6 – Sans Underwear
Episode 6, in which Marc and Dennis explore the dark and seedy world of company holiday parties. Also, why you might not want to knock on the door of a car in your parking lot that is rocking back and forth with the windows all steamed up.
Thu, December 07, 2017
Special Episode 1 – The Worst Employer of 2017 (Jon Hyman)
Special Episode 1, in which Marc and Dennis interview Jon Hyman of the Ohio Employer's Lawyer's Law Blog, who introduces us to the three finalists for the Worst Employer of 2017: the Cancerous Boss, the Racist Boss, and the Horny Head of HR. (Note-episode contains some adult content, as though you couldn't figure that out from the intro.)
Mon, December 04, 2017
Episode 5 — Either Brilliant, or the Most Reprehensible Thing Ever
Episode 5, in which Marc and Dennis examine the state of women's college basketball (spoiler: they admire the strong fundamentals, and think dunks are overrated). An internet company devises an interesting way to avoid harassment claims. Apropos harassment, our hosts delve into the bizarre world of anti-harassment training videos.
Mon, November 27, 2017
Episode 4 — Boston’s Blind Barber Barbers Blindly
Episode 4, in which Marc and Dennis regale us with the tale of the Blind Barber of Boston, who barbered blindly but not badly, but his bad boss booted our buddy. Visit a mortuary where corpses were instrumental to sexual harassment. Dennis recalls pranking pornographic popups, and Marc reminisces about how soundboards could offend the judiciary. Trigger warning: this episode contains one or more F-bombs and references to light simulated necrophilia.
Mon, November 20, 2017
Episode 3 — A Giant WHAT on the Screen
Episode 3, in which our heroes Marc and Dennis narrowly avert disaster with a pedophobic schoolteacher. They also discuss five ways to make your workplace more horrific, how to make dress socks using a Sharpie, and giant things that flash on computer screens during job interviews.
Mon, November 13, 2017
Episode 2 — Probably Not a Great Way To Instill Workplace Discipline
Marc and Dennis discuss whether spanking salespeople with yard signs is an effective or lawful motivational technique. John the Baptist gets beheaded on a Friday, giving some guy named Gerhardt a great excuse to take the day off. Biometric hand scanners cause coal miners to fear for their mortal souls.
Mon, November 13, 2017
Episode 1 — The Number of the Beast
In Episode 1, Marc and Dennis kick off the Hostile Work Environment with a discussion of the Number of the Beast (666) and why it might trigger a need for a religious accommodation. They also examine why the US Government supports a workers' rights to fry chicken without wearing pants. And a listener-submitted story starts with a complaint about free water bottles and ends with Game of Thrones-level carnage.
Fri, November 10, 2017
Episode 0 — The Whole World Wants to Hear Your Crazy
In Episode 0, Marc and Dennis introduce the Hostile Work Environment Podcast, explain the podcast format and how to contact and support the podcast.
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