News & Analysis as of

Employer Liability Issues Insubordination Policy

Epstein Becker & Green

Massachusetts Federal Judge Rules that Protected Activity Does Not Shield an Employee from the Consequences of Engaging in...

Epstein Becker & Green on

On November 13, 2023, in USA ex rel, Morgan-Lee, et al. v. The Whittier Health Network, LLC, et al., a Massachusetts federal district judge concluded that although the plaintiff engaged in protected activity when she raised...more

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

Fifth Circuit Loss for Employee Who Refused Vaccine for Religious Reasons

As the COVID-19 vaccine becomes more readily available, employers are considering mandatory vaccination for their employees and in particular, how to respond to employee requests for accommodation, whether on the basis of...more

McAfee & Taft

Retaliation suit shows requests for unpaid overtime can be a timekeeping trap

McAfee & Taft on

Informed employers know they must pay non-exempt employee for all hours actually worked. If an employee works unapproved hours or overtime, the company must still pay for that time; however, they may discipline that worker...more

Franczek P.C.

Recent Case Addresses Board of Education Dismissal of Tenured Teacher Over Hearing Officer Finding of No Cause

Franczek P.C. on

In a recent decision, the Appellate Court of Illinois rejected a school board’s decision to terminate a tenured teacher for misconduct despite a hearing officer’s finding that there was insufficient evidence of cause for...more

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

ADA Litigation Lessons Surfaced From a Zamboni Machine

Employers, you see this movie all too often. You tolerate, and then ultimately discharge, a poor-performing employee who displays a bad attitude. Unfortunately, supervisors have not documented the employee’s prior instances...more

Fisher Phillips

Who’s The Boss? How Managers Can Handle Gender Bias From Their Own Subordinates

Fisher Phillips on

As a manager, you’re trained to identify discrimination and harassment when you see it. You see it when a manager in another department isn’t being fair to subordinates of another race. You’re familiar with your obligations...more

Spilman Thomas & Battle, PLLC

The Rumor Mill: A Case Study on Workplace Conduct - How Perpetuating Workplace Rumors Can Create Employer Liability for Gender...

On February 8, 2019, the Fourth Circuit ruled an employer can be liable for gender discrimination for spreading false rumors that a female employee slept with her male boss to obtain a promotion. Parker v. Reema Consulting...more

Foley & Lardner LLP

When Firing A Sympathetic Employee – Circumstances Matter A Lot

Foley & Lardner LLP on

The recent case of Carroll v. Comprehensive Women’s Health illustrates the importance of circumstances and perception when terminating a “sympathetic” employee. Indeed the opinion reads like a case study of facts and...more

Foley & Lardner LLP

Now I Have to Allow Insubordination and Verbal Abuse Too?

Foley & Lardner LLP on

Several weeks ago, in both a tongue-in-cheek and concerned fashioned, we wrote about a federal court decision that concluded an employer had to tolerate an employee’s admitted theft as a reasonable accommodation for her...more

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