Discipline

News & Analysis as of

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

Act Now Advisory: Illinois Restricts Employer Inquiries on Criminal Convictions and Adds Pregnancy Protections

A new law that takes effect on January 1, 2015—known as the Job Opportunities for Qualified Applicants Act ("Act")—prohibits an Illinois employer with 15 or more employees from inquiring about or considering an applicant's...more

Update: Employee’s Refusal to Sign Written Disciplinary Notice Not “Misconduct” Under California Unemployment Insurance Code

Approximately two years ago, a California court of appeal held that an employee’s refusal to sign a disciplinary memorandum amounted to misconduct under the California Unemployment Insurance Code, disqualifying him from...more

Employee Handbooks & Progressive Discipline Policies

1. Introduction. Under the “risk management” approach to human resources management, an employer should set the standards for its policies and practices at a level that it is certain it will enforce uniformly...more

Panel Discussion: Investigations and Employee Discipline

Hypothetical #1: Company provides accounting and consulting services to businesses, including some public companies. Erin (Employee) has worked for Company for 12 years and has acceptable performance reviews. She has...more

Utah Employment Law Update – Part 1

In This Issue: • Social Media Screening • Handbooks and Policies • Investigations and Employee Discipline • Employment Covenants - Excerpt from Social Media Screening: Many states are enacting...more

Federal Court Decision Highlights Importance of Documenting Employment Actions

A recent decision by the Seventh Circuit in Zayas v. Rockford Memorial Hospital highlights for employers the importance of documenting disciplinary actions taken with employees. Despite the plaintiff's evidence of...more

Dear Colleague Letter Urges Districts to Abandon “Zero Tolerance” in Student Discipline Policies

The Office for Civil Rights of the U.S. Department of Education (OCR) and the Civil Rights Division of the Department of Justice recently released a joint “Dear Colleague Letter” (DCL) providing guidance on administering...more

NLRB 2013 Year in Review and 2014 Initiatives

Key labor law developments of 2013 are reviewed here for employers to consider as they look ahead to National Labor Relations Board (NLRB) developments in 2014. Employers should prepare to respond to the NLRB's continued...more

Three Keys To An Effective Disciplinary Program

The Justice Department and the SEC have underscored the importance of a company maintaining a clear disciplinary process so that executives, managers and employees are aware that a violation of the corporate code of conduct...more

What School Leaders Really Should Know About The Department Of Education’s Guidance On Discriminatory Discipline

Last week, the Department of Education issued a guidance package to help schools administer student discipline without discriminating against students on the basis of race, color, or national origin. The issue of...more

Federal Authorities Crack Down on Student Discipline Practices

U.S. Departments of Education and Justice Issue Guidance Warning Against Unlawful Discrimination in Student Discipline - U.S. Secretary of Education Arne Duncan and U.S. Attorney General Eric Holder this week issued a...more

Noel Canning Implications Of Mandatory Bargaining Of Discretionary Discipline

In January, the Supreme Court will hear oral arguments on NLRB v. Noel Canning. Over 700 cases could potentially be impacted with the Court's decision. Though Noel Canning deals with somewhat esoteric questions—whether the...more

Healthcare Update, No. 4, November 2013: Facebook: The New Water Cooler – Not The New Vegas

As of June 2013, Facebook, the reigning social-media giant, had 1.15 billion monthly active users who spent an average of 8.3 hours a month on Facebook. During roughly the same period of time, Facebook users "liked" a...more

Hot Off The Press - Publication Of Discipline Decisions A-Ok, Says Alberta's Top Court

Zakhary v. College of Physicians and Surgeons of Alberta, 2013 ABCA 336 - On October 3, 2013 the Alberta Court of Appeal upheld the decision of the College of Physicians and Surgeons of Alberta (“CPSA”) to publish...more

You Can Go Home Again, but It Could Be a Thorny Path

Spence Barasch knows. You’ll remember that the SEC barred him for a year from appearing and practicing before the Commission for violating federal conflict of interest rules. Barasch was an associate director in the...more

Ninth Circuit Upholds Discipline Of Student For Off-Campus, Online Threat Of School Shooting

The Ninth Circuit Court of Appeals joined a growing number of federal courts of appeals that have addressed when public schools can discipline students for off-campus, online misconduct. The case involved multiple threats by...more

Attorney Fees Are Not Justified To State Bar

In Barry v. The State Bar of California, the California Courts of Appeal for the Second District decided a unique attorney discipline case arising under the SLAPP statute, Code of Civil Procedure Section 425.16(c). The court...more

New Jersey Court’s Decision Provides Roadmap For Access To Employees’ Restricted Social Media Content

With New Jersey poised to become the twelfth state to enact a social media password protection law and scant case law addressing the circumstances when and how an employer can lawfully access employees’ restricted social...more

New Reporting Requirements for Incidents of Student Restraint or Isolation in Washington Public Schools

During the 2013 Legislative Session, the Washington State Legislature passed Engrossed Substitute House Bill 1688 (“ESHB 1688”), creating several new requirements for public school districts that utilize restraint or...more

Corporate and Financial Weekly Digest - August 23, 2013

In this issue: - SEC, CFTC and FINRA Issue Joint Advisory on Business Continuity and Disaster Recovery Planning - FINRA Updates Private Placement Form and Issues FAQ - SEC Approves Amendments to FINRA...more

Employment Law Reporter - August 2013: Don't have rules and policies unless you are prepared to discipline those who break them

In the immortal words of Stephen Covey, the genius who convinced us to micro-organize our lives into fifteen minute increments, "Effective leadership is putting first things first. Effective management is discipline, carrying...more

Week in Review - August 8, 2013

Attorneys often counsel and represent clients as they deal with the consequences of their online misdeeds. This week, for example, a fired employee sued his former employer, claiming that his co-workers shocked him with a...more

Court Rules Student Dismissed From Charter School Was Not “Expelled,” Thus Not Entitled To Evidentiary Hearing

A student was dismissed from a charter high school for brandishing a knife in class. The student sued to challenge his removal from the school, asserting that his weapon was not a knife under the Education Code definition and...more

Pacific Airport Services in Saipan Settles EEOC Sexual Harassment Suit for $65,000

Company Failed to Discipline Supervisor Who Sexually Harassed at Least Five Female Employees, Federal Agency Says - SAIPAN, CNMI - Pacific Airport Services, Inc., an airport services provider for various airlines...more

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