News & Analysis as of September 19, 2024

Employee Handbooks › Wrongful Termination

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Employee Handbooks are reference manuals for new and current employees on the policies and procedures of a particular employer. A comprehensive employee handbooks outlines expectations and obligations for both employees and employers and is an important part of effective human resource management. A proper handbook contains detailed information on non-disclosure and conflict of interest obligations, work schedules, employee compensation and benefits, anti-discrimination policies, and codes of conduct to name a few. less -

NY Federal Court Decision Highlights Importance of Careful Drafting of Arbitration Program

Morgan Lewis on 9/16/2020

The US District Court for the Southern District of New York (SDNY) ruled that an employer’s mandatory arbitration program was unenforceable because its terms were contained in an employee handbook and did not create a binding...more

Pro Tip: Employee Handbooks Should Avoid Contractual Language And Affirm At-Will Employment

Sherman & Howard L.L.C. on 10/18/2018

An October 12, 2018 Order from the District Court of Arizona reminds employers to include the appropriate “at-will” language and disclaimers of contractual intent in their employee handbooks. A former employee brought 11...more

It’s High Time to Update Your Marijuana Policies

Sheppard Mullin Richter & Hampton LLP on 4/20/2018

The legalization of recreational use of marijuana in several states, including California, has left many employment policies vague and confused. This article offers insights to questions every employer should be asking in...more

Employee privacy and monitoring

Dechert LLP on 9/14/2017

The Grand Chamber of the European Court of Human Rights (ECtHR) held in Barbulescu v Romania (Application no. 61496/08) last week that there was a breach of the right to privacy where an employer searched the contents of an...more

Be Careful When Firing an Employee Who Is Out On Workers’ Compensation

Foley & Lardner LLP on 7/12/2017

Handling workers’ compensation claims can present a number of challenges, such as determining whether an injury is work-related and evaluating back-to-work accommodation requests. Another challenge arises when you consider...more

What Does “At-Will” Employment Mean?

Jaburg Wilk on 1/31/2017

Most Arizona employers are aware that Arizona is an “at-will” employment state. However, many do not understand what that means. In short, it means that an employee can be terminated for any reason or no reason, except a...more

Applying Kentucky Law, Sixth Circuit Finds Continued Employment Constitutes Assent To Arbitration Agreement

Carlton Fields on 11/28/2016

During the time Plaintiffs Aldrich and Nolan worked as recruiters for the University of Phoenix, they allegedly signed an electronic form acknowledging their understanding of updated terms to the employee handbook. The...more

Differences in Public Policy Can Affect Claims of Wrongful Discharge

Pullman & Comley - Labor, Employment and... on 9/12/2016

Most jurisdictions, including Connecticut, recognize a tort of “wrongful discharge” as an exception to the principle of employment at will. Although employment at will generally allows either the employer or the employee to...more

Fired For My Firearm? I’ll Sue!

Foley & Lardner LLP on 8/24/2016

As if employers already did not have enough reasons to have to think through termination decisions carefully, here is yet another “trigger” word that should make employers think twice about plans to discipline or fire an...more

Lessons in dealing with an “equal opportunity” harasser

McAfee & Taft on 8/18/2016

A new opinion released by the Tenth Circuit provides practical tips to employers dealing with multiple employee complaints alleging generalized harassment and/or discrimination throughout the workplace....more

Employment Law - July 2015

Manatt, Phelps & Phillips, LLP on 7/13/2015

The Impact of National Same-Sex Marriage for Employers - Why it matters: How will employers feel the impact of the U.S. Supreme Court’s decision in Obergefell v. Hodges? The landmark ruling that the Fourteenth...more

Knowingly or Not? When Does an Employee Agree to Arbitrate?

Foley & Lardner LLP on 5/28/2015

There was a time, not so long ago, when federal courts refused to enforce arbitration agreements in Title VII cases, rendering arbitration agreements in the employment context virtually meaningless. Then, in 1991, Congress...more

NLRB Continues to Scrutinize Employer Policies - NLRB General Counsel’s Guidance Memorandum and Recent Cases Highlight NLRA Issues

Holland & Knight LLP on 5/19/2015

The National Labor Relations Board (NLRB or the “Board”) continues to address the scope of permissible employer policies and workplace rules through guidance issued by its General Counsel and in Board decisions. In March...more

Employer's Poorly Drafted FMLA Policy Allows Employee to Advance FMLA Claim (That Should Have Never Seen the Light of Day)

Franczek P.C. on 1/28/2015

If this story won’t cause you bring your FMLA policy up to snuff, then I’ve lost all hope. FMLA’s Basic Premise - An employee is eligible for FMLA leave if he meets three basic criteria: With this backdrop in...more

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Employee Handbooks › Wrongful Termination

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