Bill Wright

Bill Wright

Sherman & Howard L.L.C.

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Latest Posts › Hiring & Firing


FCRA Tip: Keep Hands On

A federal trial court will conduct a trial on a Fair Credit Reporting Act claim because the employer streamlined its background check system. In this case, a bank used a third party service provider to conduct background...more

8/28/2015 - Adverse Employment Action Background Checks Banks FCRA Hiring & Firing Notice Requirements Third-Party

Medical Marijuana Still “Unlawful”

The Colorado Supreme Court considered whether a state law prohibiting discrimination based on an employee’s “lawful” off-work activities applies to the employee’s use of medical marijuana as permitted under state law. Coats...more

6/26/2015 - CO Supreme Court Coats v Dish Network Drug Testing Employment Policies Hiring & Firing Marijuana Medical Marijuana Off-Duty Employees Zero Tolerance Policies

A PIP of a Discharge Claim

If you put an employee on a performance improvement plan (“PIP”), can he resign, sue on some theory or other, and collect damages as though he had been discharged? Two employees in Texas tried it. The employees contended that...more

10/27/2014 - Adverse Employment Action Constructive Discharge Discrimination Employee Evaluations Employer Liability Issues Hiring & Firing Performance Improvement Plans Performance Reviews

Thumbs Up/ Thumbs Down, Still FCRA

Does your business use a contractor to provide in-home services to your customers? If so, you probably want the contractor to conduct background checks on its employees. You want the contractor to screen out people who pose...more

9/30/2014 - Background Checks Contractors Credit Reports Criminal Background Checks Employer Liability Issues FCRA Hiring & Firing Job Applicants Subcontractors

The Boss Just Wanted to Help

Assuming that psychological counseling might be a “medical examination” under the ADA, when may an employer require an employee to get counseling as a condition of continued employment? A recent 6th Circuit case provides some...more

8/21/2014 - ADA Employer Liability Issues Hiring & Firing Psychological Counseling

Supreme Court Defines “Supervisor” For Title VII

The Supreme Court staked out a definition for "supervisor" in the context of Title VII. Vance v. Ball State Univ., No. 11-556 (June 24, 2013). Whether a person is a "supervisor" determines whether the employer can be held...more

7/10/2013 - Adverse Employment Action EEOC Harassment Hiring & Firing Negligence SCOTUS Supervisors Title VII Vance v. Ball State University

Firing a Supervisor for Her Workplace Threat Was Not Retaliatory

These days, everyone has good reason to be leery of threats in the workplace, and the courts are generally supportive of employers who take those threats seriously. A recent Tenth Circuit decision is a good example. ...more

1/7/2013 - Harassment Hiring & Firing Retaliation Supervisors Termination

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