News & Analysis as of

Employer Liability Issues › Honest Belief Defense

Constangy, Brooks, Smith & Prophete, LLP

FMLA abuse: 5 things this employer did right

Constangy, Brooks, Smith & Prophete, LLP on

How'd that happen? An employer who terminated an employee after he took intermittent FMLA leave for diabetes won its case, and recently won again on appeal. According to both courts, the employee appeared to be trying to...more

Fisher Phillips

Web Exclusive - That’s My Story And I’m Sticking To It: A Look At The “Honest Belief” Rule

Fisher Phillips on

You find out an employee launches a false complaint of discrimination or harassment and you terminate them for their dishonesty. There’s no harm in that, right? Think again. There has been a recent trend of cases where courts...more

Mintz - Employment Viewpoints

Fourth Circuit Holds Complaining Employee is not Protected From Termination if the Employer Terminates Her Because It Believed Her...

Mintz - Employment Viewpoints on

A recent Fourth Circuit ruling in a case handled by Mintz Levin provides some comfort to employers concerned about terminating an employee who they believe has made a false complaint of discrimination. In Villa v. CaveMezze...more

Ogletree, Deakins, Nash, Smoak & Stewart,...

California Supreme Court Lets Arbitration Award Stand, Dodges “Honest Belief” Defense

Ogletree, Deakins, Nash, Smoak & Stewart,... on

Richey v. Autonation, Inc., No. S207536 (January 29, 2015): On January 29, 2015, the California Supreme Court issued a decision holding that an employee who is on medical leave does not have a greater right to reinstatement...more

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