Hiring & Firing

Hiring & Firing refers to the process of recruiting, interviewing and offering employment and the process of evaluating performance and dismissing employees. Hiring & Firing is a highly regulated area and... more +
Hiring & Firing refers to the process of recruiting, interviewing and offering employment and the process of evaluating performance and dismissing employees. Hiring & Firing is a highly regulated area and can create tremendous liability for employers who fail to properly adhere to acceptable employment practices. Some of the potential pitfalls in this area stem from discriminatory hiring practices, improper performance evaluations, and retaliatory firings.  less -
News & Analysis as of

Maine Is Latest State To Restrict Employer Access To Personal Social Media Accounts

Recently, Maine became the latest state to enact legislation restricting an employer’s access to employees’ and job applicants’ personal social media accounts. The new statute prohibits an employer from requiring, coercing or...more

Veterans Day: A Day to Remember, to Honor, and to Reexamine Compliance with Laws Protecting Servicemembers

As a veteran of the United States Marine Corps and someone who has seen the challenges that veterans face firsthand, I can attest to the benefits of giving veterans an opportunity to return to work following periods of...more

Employment Law Navigator – Week in Review: November 24, 2015

Last week, the EEOC released its Fiscal Year 2015 Report, in which it describes 12 months of positive results. According to the report, monetary relief obtained for individuals was up, and the number of systemic charges of...more

Pennsylvania Supreme Court Delivers Clear Message to Employers Regarding Restrictive Covenants in Employment Agreements

In a case of first impression, the Pennsylvania Supreme Court recently held that an employee may challenge an employment agreement containing a restrictive covenant for lack of consideration, even though the agreement...more

Committee Passes Bill to Veto NLRB’s New Joint-Employer Standard

Recently, the House Education and the Workforce Committee approved the Protecting Local Business Opportunities Act (the “Bill”) with a 21-15 vote. This Bill was introduced as a response to the National Labor Relations Board’s...more

Pennsylvania Supreme Court Finds That UWOA Language Does Not Waive Right to Challenge Adequacy of Consideration for Restrictive...

On November 18, 2015, in a highly anticipated decision, the Pennsylvania Supreme Court held that employers could not use the language set forth in Pennsylvania’s Uniform Written Obligations Act (“UWOA”) to avoid providing...more

Truthful Terminations May Lead to Better Consequences

We are often asked what, if anything, employers should tell an employee about the reasons for the employee’s termination, especially if the termination is abrupt. We tell employers to tell the truth....more

Looking Backwards and Forward: A Review of Key EEOC Developments, Successes and Failures in FY 2015 and What to Watch For in FY...

On November 19, 2015, the Equal Employment Opportunity Commission (EEOC) issued its annual Performance and Accountability Report (PAR), which highlights key EEOC developments over the past fiscal year, ending September 30,...more

Heads Up Employers: New Law Limits Use of E-Verify

Many California employers use the federal electronic employment verification system, better known as E-Verify, to validate whether the employees they hire are authorized to work in the United States. E-Verify has been a...more

Pennsylvania Supreme Court Rules that Words Alone Not Sufficient to Support Non-Compete Covenant

Earlier this week, the Pennsylvania Supreme Court rejected a challenge to the longstanding requirement that post-employment restrictive covenants must be supported by actual consideration to be enforceable under Pennsylvania...more

The Commission Speaks: Guidance for Employers Regarding the New York City Fair Chance Act

On June 29, 2015, New York City Mayor Bill de Blasio signed into law the Fair Chance Act (the “Act”), which prohibits employers from inquiring into the criminal backgrounds of certain job applicants in the initial stages of...more

NYC Commission on Human Rights Clarifies Background Screening Laws

On Thursday, November 19, 2015, Cornell University’s ILR School Labor and Employment Law Program hosted “NYC Ban the Box and Stop Credit Discrimination: A Conversation on Enforcement with the City Commission on Human Rights.”...more

Hiring Your Team: Avoiding Legal Pitfalls In Identifying And Interviewing Potential Team Members

Effective hiring processes and procedures will help you to avoid many costly headaches later on. Here are some tips on avoiding legal pitfalls in the hiring process. ...more

DOL Settles Systemic Hiring and Pay Discrimination Claim With Government Contractor For Close to $2 Million

On November 19, 2015, the U.S. Department of Labor (“DOL”) Office of Federal Contract Compliance Programs (“OFCCP”) announced that it reached a settlement with nine locations of a government contractor “to remedy systemic...more

Fifth Circuit Holds Refusal to Accept Employee's Rescission of Resignation Can Be Considered Retaliation

On November 17, 2015, the U.S. Court of Appeals for the Fifth Circuit held an employer’s rejection of an employee’s rescission of resignation can “sometimes constitute an adverse employment action” and may be considered...more

Hoeganaes Corporation Settles EEOC Disability Discrimination Lawsuit

Steel and Iron Powder Company Denied Applicant a Job Because It Regarded Him as Disabled, Federal Agency Charged - NASHVILLE, Tenn. - Hoeganaes Corporation will pay $47,500 and furnish other significant equitable relief...more

Update On New York City’s Fair Chance Act And Notice Requirements For Criminal Background Checks

On July 2, 2015, we wrote about New York City’s newest law, the Fair Chance Act (“FCA”), and its prohibition on employers from conducting criminal background checks before extending conditional offers of employment. On...more

Haunted by work

This blog’s mission is to be witty, entertaining, and informative. That mission is difficult when the headlines are as sobering as what we’ve seen since last Friday in Paris. Before I launch into this week’s EntertainHR...more

Patently Unreasonable: BC Supreme Court Rejects Human Rights Tribunal’s Landmark Injury to Dignity Award Which Emphasized...

In 2013 the British Columbia Human Rights Tribunal found that the University of British Columbia had discriminated against Dr. Carl Kelly when it dismissed him from its Family Medicine Residency Program. Dr. Kelly was awarded...more

"Likes" on Facebook are Protected Employee Conduct

The United States Court of Appeals for the Second Circuit recently upheld a National Labor Relations Board (Board) decision holding that a sports bar violated the National Labor Relations Act (Act) when it discharged...more

The Second Circuit “Likes” the NLRB’s Reasoning

In recent years, the National Labor Relations Board has tended to protect employees’ social media activity against employers. A few weeks ago, the Second Circuit upheld a decision of the National Labor Relations Board...more

Before You Fire: 20 Questions Every Employer Should Ask

Here are 20 questions that every employer should ask itself before going ahead with a termination. If you think I’ve missed anything, please feel free to add your own in the comments....more

When Does Termination of the Employment Relationship Violate Public Policy? The Restatement of Employment Law Offers a New...

In July of 2015, the American Law Institute published the first Restatement of Employment Law. The Restatement provides a new lens through which employers, employees, and courts can evaluate the common law duties affecting...more

Everything You Need to Know About New York's New FCA Guidance

As we previously reported, New York City’s Fair Chance Act (FCA) went into effect on October 27, 2015. On November 5, 2015, the New York City Commission on Human Rights (NYCCHR or Commission) issued long-anticipated guidance...more

ISBE Issues Guidance on Teacher Resignations

The Illinois State Board of Education (ISBE) has issued non-regulatory guidance regarding the application of Section 24-14 of the Illinois School Code to teacher resignations. Section 24-14 of the School Code provides...more

2,809 Results
View per page
Page: of 113

"My best business intelligence, in one easy email…"

Your first step to building a free, personalized, morning email brief covering pertinent authors and topics on JD Supra:

Sign up to create your digest using LinkedIn*

*By using the service, you signify your acceptance of JD Supra's Privacy Policy.
*With LinkedIn, you don't need to create a separate login to manage your free JD Supra account, and we can make suggestions based on your needs and interests. We will not post anything on LinkedIn in your name. Or, sign up using your email address.