Disciplinary Proceedings

News & Analysis as of

Tennessee Poised to Prohibit Employers From Disciplining Employees With Firearms in Vehicles

On March 23, 2015, the Tennessee General Assembly voted overwhelmingly to end confusion surrounding Tennessee’s “Guns in Trunks” law. Tennessee has historically allowed property owners to prohibit firearms anywhere on their...more

NLRB Division of Advice Finds No Weingarten Rights in Vehicle Search

Last week, the National Labor Relations Board’s Division of Advice issued a Memorandum finding that an employer’s search of a company vehicle regularly driven by an employee did not trigger the employee’s Weingarten rights....more

Bridging the Week - February 2015 #4

CME Group Reminds Members of Regulatory Requirements for EFRPs and Block Trades Through Disciplinary Actions: The CME Group brought and resolved multiple disciplinary actions against various members and non-members related to...more

Checklist to Keep Employee Discipline on a Legal Track

Employers walk a fine line when it comes to employee discipline: they must enforce their rules while also protecting employee rights. Target seems to have missed the mark recently—a lawsuit alleges an employee committed...more

CAS decision addresses fairness and justice in sports disciplinary cases

The Court of Arbitration for Sport (“CAS”) decision in Dirk de Ridder v International Sailing Federation, recently published in full, has outlined six propositions to ensure that the disciplinary procedures operated by...more

HK's Christine Helwick Tells the Daily Journal That "Only Yes Means Yes In California Schools"

California has become the first state in the nation to enact a "yes means yes" standard in university disciplinary hearings involving claims of sexual assault, domestic violence, dating violence and stalking. All colleges and...more

Connecticut Supreme Court Rules That A Lying Police Officer Must be Reinstated Because His Lies Were Not “So Egregious.”

Should a police officer who was terminated for lying to the Town of Stratford’s independent physician about his alcohol abuse and epilepsy be permitted to return pursuant to an arbitration panel’s determination that a...more

Pitchess Motions in Administrative Hearings

California Supreme Court Holds Administrative Hearing Officers Have Authority to Grant Pitchess Motions for Discovery of Personnel Disciplinary Records - Overview: The California Supreme Court has ruled that...more

No Duty To Bargain Over Discipline During Contract Hiatus, NLRB Division of Advice

The NLRB has been active but quiet during the last few months as the agency quietly reaffirms decisions nullified by the Supreme Court. By all accounts, however, and as history has proved, the NLRB is getting ready to issue...more

School Districts: New York State Court of Appeals Upholds Decision Invalidating Teacher Discipline (12/14)

In another blow to school districts’ ability to address problem teachers, the New York State Court of Appeals recently upheld the Appellate Division, Fourth Department decision in Kilduff v. Rochester City School District,...more

Finality and Relitigation

Re Mamdeen, 2014 CarswellBC 651 (B.C. College of Registered Psychiatric Nurses Discipline Committee) - A psychiatric nurse was terminated by his employer for having a sexual relationship with a patient. His union...more

School Districts: A Teacher’s Right to Access Student Records in a Disciplinary Proceeding is Not Absolute (11/14)

As many school districts are aware, it is not uncommon for a district to receive a request to disclose allegedly relevant student records to a tenured teacher facing disciplinary charges in the context of an Education Law...more

Conduct Unbecoming: Disciplining Educators For Non-School-Related Behavior

The involvement of a Connecticut middle school Principal and a middle school Guidance Counselor in the writing and production of films the media has described as being replete with female nudity, violence and sexually...more

FINRA Adds a Category of Persons to Serve on Disciplinary Hearings

The Financial Industry Regulatory Authority amended FINRA Rules 9231 and 9232 to add a category of persons eligible to serve as panelists in a disciplinary proceeding, which includes persons who currently serve or previously...more

Disciplinary Proceedings and the Duty of Care

In Coventry University v Mian [2014] EWCA Civ 1275, the Court of Appeal considered whether an employer had breached its duty of care by commencing disciplinary action against an employee on the basis of a preliminary, rather...more

The Chicken Or The Egg?

You finally decided to take the long overdue disciplinary action. Jack has got to be disciplined. But just before you do, Jack, possibly sensing what’s about to happen, makes a complaint of harassment. This is the first...more

Ready, Set, Charge!

Professional discipline allegations are more art than science. Regulatory statutes usually provide little or no guidance for writing them. But whether you call them allegations, charges, citations, complaints or something...more

NLRB ALJ Rules That An Interim Grievance Procedure Does Not Require An Arbitration Option

In a decision issued last week, an Administrative Law Judge (“ALJ”) for the National Labor Relations Board (“NLRB”) ruled that an interim grievance procedure between an employer and a newly-certified union did not have to...more

NFA Adopts Fee for Registration Non-Disclosures

National Futures Association (NFA) has adopted a rule requiring firms and individuals to pay $1,000 fines for failing to disclose disciplinary matters on registration applications or failing to update existing registration...more

Social Media Misuse in the Workplace Rising, Companies Take Action and Implement Policies

Social media is an increasingly essential tool in today's business environment but as employers are learning, it carries inherent risks. More employers are taking disciplinary action and implementing social media policies to...more

Appellate Court Notes - Week of April 21

SC18877 Concurrence - Sarrazin v. Coastal, Inc. - Foreman for a plumbing contractor sued the company claiming he was entitled to overtime for traveling to job sites all over the state as he had to do so in a company...more

What Has Fahlen Wrought?

The California Supreme Court's decision in Fahlen v. Sutter Central Valley Hospitals has confirmed (not created) a sea change in the relations between hospitals and their medical staffs on the one hand, and physicians on such...more

Maine Supreme Court Clears Geologist In Ethical Dispute

Last week the Maine Supreme Judicial Court (the “Law Court”) issued a decision that reversed a determination by the Maine Board of Certification for Geologists and Soil Scientists (the “Board”) that a certified geologist had...more

25 Years After The Shark: Supreme Court Ruling On The NCAA Casts A Shadow On Current Investigations

Before John Calipari, Rick Pitino and other presently successful college basketball coaches, there was the “Shark”. Jerry “Tark the Shark” Tarkanian held an impressive run as the Men’s Basketball Coach at the University of...more

Case Comment: Penner v. Niagara (Regional Police Services Board), 2013 SCC 19: Did the SCC Flip Flop on Finality?

Can issues that have already been determined by an administrative tribunal in one forum be revisited in another forum? In its earlier decision in British Columbia (Workers’ Compensation Board) v. Figliola, the S.C.C....more

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