News & Analysis as of

Disciplinary Proceedings

Employment News - July 2017 #4

by Hogan Lovells on

Compare and contrast – pension based on hours reduced because of disability was not discriminatory - The Court of Appeal has upheld the EAT decision in Williams v The Trustees of Swansea University Pension & Assurance...more

Discharged Employee Not an “Employee” Under Personnel Files Act

The Pennsylvania Personnel Files Act (also known as the Inspection of Employment Records Law), grants employees in Pennsylvania, or their designated agents, the right to inspect certain portions of their personnel records....more

Bridging the Week - June 2017 #4

CFTC Inspector General Strongly Criticizes Cost-Benefit Analysis Underlying Commission’s Rule Establishing Margin for Uncleared Swaps: The Office of Inspector General of the Commodity Futures Trading Commission said that the...more

Bad Language: A Good Reason to Fire People?

by Farrell Fritz, P.C. on

What is an employer to do when an employee goes on a tirade at the work place or on social media? In general, an employee cannot be disciplined by his employer for statements about work-place concerns, such as wages or...more

Derogatory... racist, or simply a racial descriptor?

by Hogan Lovells on

In a previous edition of our newsletter, we featured the very important Constitutional Court judgment in SARS v Kruger & Others where the court upheld the dismissal of Mr Kruger as being fair where he referred to his superior...more

A useful reminder: curing procedural defects on appeal

by Dentons on

The CA's decision in Adeshina v. St George's University Hospitals NHS Foundation Trust and ors serves as a useful reminder to employers of the possibility that an internal appeal can cure procedural defects in an original...more

Disciplinary Discharge of Employees on Workers’ Compensation

Employers often shy away from discharging employees for disciplinary reasons when those employees are receiving workers’ compensation benefits, such as in instances where the employee is working a modified duty assignment....more

DC Circuit “Busts” NLRB’s Finding of Weingarten Violation by Las Vegas Casino

by Seyfarth Shaw LLP on

Seyfarth Synopsis: A three-member panel of the U.S. Court of Appeals for the D.C. Circuit put the National Labor Relations Board “on tilt” when it overturned a decision finding that Bellagio, LLC violated Section 8(a)(1) of...more

Don’t Feed The Trolls: What Employers Can Do To Combat Internet Trolls

by Fisher Phillips on

...The internet has forever changed the way information is shared. The rapid-fire online patter produces comments and information that could be both helpful and harmful to an employer and its employees. On the one hand, such...more

First annual report on notarial disciplinary law cases 2015 a first impression (Dutch)

by Dentons on

The first annual report of the notarial disciplinary court. On January 1, 2018, the Act enters into charge monitoring and disciplinary legal professions (Staatsblad 2016, 500). Then art. 94a Law on the lawyer's law to gain...more

How to Handle an Employee Who Refuses to Sign Disciplinary Forms

Have you ever had an employee refuse to sign a disciplinary notice? It doesn’t matter if you have enough evidence of wrongdoing to prevail in a court of law, the employee refuses....more

Special Education Tip - No Good Deed Goes Unpunished - 46-2017

by Pessin Katz Law, P.A. on

School staff oftentimes find themselves in a quandary when they overlook student misbehaviors as the misbehaviors are the result of the disability. Eventually, there comes a time when it becomes evident that no matter how...more

California Court Refuses to Shelve Barnes & Noble Manager’s Termination Claim

by Zuckerman Spaeder LLP on

An employee without an employment contract is typically deemed to be an at-will employee. In an at-will employment relationship, the employer has the right to terminate the employee for any reason, with or without cause....more

Dealing With Problem Employees and Employee Problems: What Employers Need To Know

by Seyfarth Shaw LLP on

Employees are only human — misconduct, theft, harassment, discrimination, and even criminal conduct are a fact of life, even in the workplace. Companies confronted with allegations of workplace misconduct must consider the...more

FINRA Updates Its Sanction Guidelines

Earlier this month, FINRA announced changes to its Sanction Guidelines through Notice to Members 17-13. FINRA’s Sanction Guidelines are used by FINRA disciplinary hearing panels to decide what, if any, sanctions to impose in...more

Anti-bullying order used to stop employer from finalising a misconduct investigation and taking disciplinary action

by Dentons on

What orders can the FWC make? The FWC can make binding orders when it is satisfied that a worker has been bullied at work and there is a risk that the bullying will continue. The possible orders are far-reaching. To...more

A Guide to Corporate Internal Investigations

by Goodwin on

In-house teams at public and private companies are confronted almost daily with evidence or allegations of potential internal wrongdoing. These scenarios may vary widely in severity and magnitude—from notification of a...more

Tattoo U: What Can Employers Do About Offensive Body Art?

by Fisher Phillips on

A version of this article originally appeared in the March 2, 2017 edition of the Philadelphia Business Journal. - The Philadelphia Police Department is now enforcing its first-ever tattoo policy forbidding on-duty...more

Senators Again Seek to Open PCAOB Disciplinary Proceedings

by WilmerHale on

Senators Charles Grassley (R-Iowa) and Jack Reed (D-Rhode Island) have re-introduced their proposal to open to the public disciplinary proceedings by the Public Company Accounting Oversight Board against accountants. Under...more

These Foolish Things – The Oddest Employment Issues of the Past Year

by Littler on

Even outside the Capital Beltway, this has been a strange year. Those of us who handle labor and employment issues everyday often think we’ve seen it all—only to be proven wrong time and again. As April Fools’ Day approaches,...more

Between Bridges: March 2017 – CME Group Settles Disciplinary Action Alleging That Automatic Liquidation of Under-Margined...

CME Group announced today that Saxo Bank A/S, a member firm, agreed to pay an aggregate fine of US $190,000 to the Chicago Board of Trade and the Chicago Mercantile Exchange to resolve two disciplinary actions against it for...more

Court OK’s termination of diabetic employee for misconduct

by McAfee & Taft on

A recent federal appeals court decision case upheld an employer’s termination of a diabetic employee for misconduct, despite the employee’s argument that her poor work performance was a result of low-blood sugar....more

Employment News - March 2017 #1

by Hogan Lovells on

Missing the jackpot – High Court awards nominal damages for breach of confidentiality - Marathon Asset Management LLP v Seddon arose out of a team move from an investment management business (MAM). Prior to leaving...more

Focus on unfair dismissal

by Dentons on

Disciplinary warnings - We previously brought to your attention in our October 2016 newsletter the case of Trye v. UKME (UK Mission Enterprise Ltd). This looked at the extent to which an employer can take prior warnings...more

Investigating employee misconduct

by Hogan Lovells on

Employees have a right to a hearing prior to any disciplinary sanction being imposed upon them. This article examines whether an employer can be sued for defamation, by an employee for comments made during an...more

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