News & Analysis as of

Disciplinary Proceedings

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

Can a dismissed employee be defamed in CCMA arbitration proceedings

by Hogan Lovells on

Does an employee who alleges that he was defamed by statements made during his disciplinary/CCMA process have a legal claim for defamation? Towards the latter part of 2016, the Eastern Cape High Court in Clover SA (Pty)...more

MBC Disciplinary Guidelines Relieve Licensees of Onerous Probation Condition

by Nossaman LLP on

(Updated March 11, 2017) On February 3, 2017, the Medical Board of California (MBC) published the much-anticipated 12th Edition of its Manual of Model Disciplinary Orders and Disciplinary Guidelines (Guidelines). Drafts of...more

Developing a PIP that will make employees comeback heroes—Tom Brady style

by FordHarrison on

As an HR professionals, we are often called upon to assist managers in addressing concerns with employees who appear to be falling behind company expectations. How can we encourage employee “comebacks” and assist supervisors...more

Tenth Circuit Rejects EEOC Position on Retroactive Accommodation of Performance Issues

For years, the Equal Employment Opportunity Commission (EEOC) and federal courts have acknowledged that employers do not have to excuse employee disciplinary violations because the employee later attributes such conduct to a...more

Not practicable to re-engage?

by Dentons on

In the case of United Lincolnshire Hospitals NHS Foundation Trust v. Farren UKEAT/0198/16, the Employment Appeal Tribunal (EAT) considered re-engagement of a band 5 staff nurse. The Claimant was dismissed for allegedly...more

No Excuses: “Retroactive Leniency” Is Not An ADA Reasonable Accommodation

by Fisher Phillips on

3 Things To Know About Favorable Court Decision - A federal appeals court upheld the termination of an employee who tried to blame her misconduct on her disability during the termination meeting itself. The court ruled...more

Tenured Teacher Dismissal Upheld for Assisting Students on ISAT

by Franczek Radelet P.C. on

In one of the first teacher dismissal decisions of 2017, school districts across the state of Illinois scored a victory as an independent hearing officer upheld the dismissal of a tenured teacher for improperly assisting...more

Labor and Employment Group News: Job Transfer Not Retaliation

by Murtha Cullina on

On December 30, 2016, a Hearing Officer with the Massachusetts Commission Against Discrimination (MCAD) dismissed the Complainant’s retaliation case, finding that the Complainant had failed to establish a causal connection...more

Employment News - January 2017 #1

by Hogan Lovells on

A little knowledge is dangerous – awareness of the consequences of a disability not required for discrimination "arising from" disability - In City of York Council v Grosset, the EAT decided that the employer did not...more

Perry’s Motor Sales Ltd v. Edwards

by Dentons on

This case involved a Claimant that had been dismissed for gross misconduct taken together with an existing final written warning. The misconduct (on both occasions) was in relation to invoicing issues with the latter incident...more

A wealth of recent unfair dismissal decisions

by Dentons on

Seasonal businesses can have a tough time if they try to sell ice cream in the UK in the winter or turkeys in the middle of summer. Conversely, when seasonal businesses are at peak time, employees and businesses are faced...more

SC Supreme Court Disciplines Lawyer for Failing to Notice Opponent with Trial Records Subpoena

by Nexsen Pruet, PLLC on

Family court attorney sanctioned with nearly unprecedented public disciplinary order - In a nearly unprecedented public disciplinary order, the South Carolina Supreme Court, on November 15, 2016, sanctioned a family...more

New Guidance on National Origin Discrimination

by Bass, Berry & Sims PLC on

For the first time since 2002, the Equal Employment Opportunity Commission (EEOC) has updated its guidance on national origin discrimination in the workplace in an effort to address important legal developments over the past...more

Public Employers in PA Required to Bargain over Attendance Policies with Disciplinary Provisions

Public employers in Pennsylvania beware: if you implement an attendance policy designed to get your employees to show up for work, you may commit an unfair labor practice! If your employees are represented by a labor union,...more

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