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

Abercrombie Resolves Religious Discrimination Case Following Supreme Court Ruling in Favor of EEOC

WASHINGTON - A federal appeals court has granted Abercrombie & Fitch's request to dismiss its appeal of EEOC's successful religious discrimination suit against the company, the federal agency announced today. This represents...more

Employee’s Inability To Work For A Particular Supervisor Does Not Constitute A “Disability”

Higgins-Williams v. Sutter Med. Found., 237 Cal. App. 4th 78 (2015) - Michaelin Higgins-Williams worked as a clinical assistant in Sutter’s Shared Services Department. Higgins-Williams reported to her treating physician that...more

NJ Appellate Division Rules that Continued Employment Means Consent to Arbitration

On July 23, 2015, the New Jersey Appellate Division upheld Ernst & Young’s alternative dispute resolution (“ADR”) policy statement as valid and enforceable. In Jaworski v. Ernst & Young, No. A-5259-13T2, three former...more

It’s Not Just the DOL That Thinks You May Have More Employees

Just last week, the DOL provided guidance about people treated as independent contractors, but who may really be your employees. That is just part of the trend. Another way you may have “extra” employees is through joint...more

A U.S. Employer’s Guide to Basic UK Employment and Immigration Laws

UK employment law is constantly developing and it has been challenging for employers to keep up with the changes in recent years. All employers in the UK, no matter how big or small, are required to comply with these laws or...more

Fenwick Employment Brief - July 2015

New Amendments Clarify California Paid Sick Leave - This month, the California Legislature enacted AB 304, an urgency measure that became effective on July 13 and provides much needed clarity on various aspects of...more

Court Prevents Peters’ Bakery from Firing Employee Alleging Discrimination in EEOC Suit

Federal Agency Obtains Preliminary Injunction to Protect Latina Clerk's Job - SAN JOSE, Calif. - Peters' Bakery, a family-owned business in East San Jose, may not terminate a sales clerk whose allegations of ethnic and...more

10 Tips for Minimizing Company Liability for Terminating Employees who Steal Trade Secrets

When your company uncovers evidence that an employee misappropriated trade secrets it must act swiftly. The company may want to fire the employee to protect itself from the potentially devastating consequences. But how can...more

Do Discharges Resulting From a Career Planning Program Amount to Group Termination Under the OWBPA?

In Barnes v. The Hershey Company, No. 3:12-cv-01334, Judge Charles R. Breyer of the U.S. District Court for the Northern District of California granted summary judgment to an employer on the age claims brought by several...more

USCIS Issues Final Guidance on When to File an Amended or New H-1B Petition After Matter of Simeio Solutions, LLC – But Cautions...

On July 21, 2015, USCIS issued Final Guidance for agency adjudicators regarding applying the precedent decision, Matter of Simeio Solutions, LLC. As we previously reported, Matter of Simeio radically reinterpreted the...more

New Indiana Law Designed to Protect Domestic Violence Victims Creates New Exposure/Restrictions for Employers

Effective July 1, 2015, a new Indiana law prohibits employers from discharging employees who have sought protective orders in connection with alleged domestic violence. More specifically, HEA 1159 makes it illegal to...more

Recent Decision Explores Issues of Mental Disability and Violence in the Workplace

A federal district court recently grappled with whether an employer’s termination of an employee for engaging in violent behavior was lawful, where the employee’s behavior was related to an underlying mental impairment. ...more

That is SO last week - July 2015 #4

Last week, the Equality Act was introduced in Congress. If enacted, this historic legislation will prohibit discrimination in employment and other life activities on the basis of sexual orientation and gender identity. It’s...more

Notice versus Strict Procedures – Section 613

Section 613 of the Fair Credit Reporting Act (FCRA) requires that consumer reporting agencies (CRAs), when reporting a consumer report for employment purposes which contains public record information, which are likely have an...more

Nigeria: Part II

This article is the second in a series which provides an overview of the basics of employment law in Nigeria and will focus on laws governing employment terminations, including wage and hour, termination, restrictive...more

Iowa Immigration Law Blog: USCIS update on EAD for DACA recipients

U.S. Citizenship and Immigration Services recently shared important information for DACA recipients who received a three-year Employment Authorization Document (EAD) after February 16, 2015. These recipients likely received...more

McLane Foodservice to Pay $40,000 to Settle EEOC Disability Discrimination Lawsuit

Food Supplier Refused to Hire Applicant on the Basis of Disability, Federal Agency Charged - MEMPHIS, Tenn. - McLane Foodservice, Inc., which supplies foodservice deliveries to fast-food chain restaurants, has agreed to...more

Employment Law Autopsy: “Old Fart” Gets Fired

Here’s a lesson: Don’t call your employee an “old fart,” especially if you think you may need to fire him someday. And don’t call his co-workers “old farts” right before you fire the co-workers. ...more

Building Materials Manufacturing Corp to Pay $62,500 to Settle EEOC Disability Lawsuit

Agency Alleged Company Refused to Permit Disabled Worker to Exercise Bumping Rights in a Layoff - ATLANTA - Building Materials Manufacturing Corporation, a roofing materials manufacturer headquartered in Wayne, N.J.,...more

Supreme Court to review class-action mootness and derivative sovereign immunity issues in government contractor case

On July 21, 2015, Dentons filed an amicus brief with the Supreme Court of the United States on behalf of its clients, DRI – The Voice of the Defense Bar and the Professional Services Council (PSC), in Campbell-Ewald Company...more

Case Alert: Ignorance is No Defence for Failure to Collectively Consult

What happened? In E Ivor Hughes Educational Foundation v Morris and others, the Employment Appeal Tribunal (the "EAT") upheld the Employment Tribunal's decision to make the maximum protective award of 90 days’ pay to an...more

EEOC Sues Regis Corporation/Smart Style Family Hair Salon for Unlawful Retaliation

Hair Salon Fired Employees for Complaining About Race Discrimination, Federal Agency Charges - WILMINGTON, N.C. - Regis Corporation, doing business as Smart Style Family Hair Salon, a Minnesota-based company that...more

HR Now. More Big Issues…

Our blog on HR Now. The Big Issues has generated much discussion amongst our clients. They have told us about several other issues on their minds...more

EEOC Sues Vita Plus for Disability Discrimination

Agricultural Company Fired Driver Due to His Diabetes, Federal Agency Charged - DETROIT - Vita Plus Corporation, an agricultural company with a facility in Gagetown, Mich., violated federal law by discriminating against...more

EEOC Decision: Title VII Protects Employees' Sexual Orientation

The EEOC’s Decision - On July 18, 2015, the Equal Employment Opportunity Commission (EEOC) decided that Title VII’s prohibition on sex discrimination extends to discrimination based on an individual’s sexual orientation....more

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