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

Post Termination Restrictions: Always Consider Consideration

The recent case of Re-Use Collections Ltd v Sendall [2014] EWHC 3852 (QB) is a timely reminder to employers everywhere of the importance of providing meaningful consideration when attempting to tie-up existing employees with...more

NJ “Ban the Box” Law Takes Effect, “Draft Rule” Proposed

New Jersey’s so-called “ban the box” law took effect on March 1, preventing most employers in the State from asking about a prospective employee’s criminal history on the initial job application and until after the first...more

The EEOC Experiences yet Another Background Check Court Loss

As we previously reported, the EEOC’s targeting of employer background checks has been controversial and continues to fizzle in the courts. Recently, in EEOC v. Freeman, the U.S. Court of Appeals for the Fourth Circuit...more

Illinois worker still eligible for workers’ compensation after fired for theft

Disabling accidents are tragically common among warehouse workers in Illinois. According to the Bureau of Labor Statistics, more than 5 percent of full-time warehouse employees suffer a serious workplace injury every year....more

Georgia “Ban the Box” Policy Crosses Geographic, Political Divides

Republican Governor Nathan Deal signed an executive order this past week adopting a “ban the box” policy for “government entities of the State of Georgia,” making Georgia the first Southern state and only the second “red...more

Should You Check a Job Applicant’s Social Media Posts?

Employers are wondering whether browsing public social media sites to learn more about a job applicant is worth the potential risks. A CareerBuilder survey found that 39% of employers use social networking sites to research...more

Abercrombie & Fitch Doesn't Look Too Good To Supreme Court

In a case we discussed earlier, the U.S. Supreme Court did not appear impressed with Abercrombie & Fitch's recent argument that a hijab wearing applicant needed to ask for religious accommodation before they were obliged to...more

EEOC Background Check Litigation Strategy Criticized

Readers who have been following the EEOC’s efforts to prosecute employers who conduct background checks will be interested in the Wall Street Journal’s editorial, “Hit Us Again, Harder.” ...more

Worker’s Failure to Perform His Job Duties Satisfactorily Dooms FEHA Retaliation Claim

Manner v. Intevac, Inc., No. H038979 (January 2, 2015): The California Court of Appeal recently upheld a trial court’s granting of summary judgment of a former employee’s claims of retaliation in violation of the Fair...more

Navigating H-1B Requirements: The Existence of a Valid Employer-Employee Relationship

To obtain an H-1B visa, a petitioner must establish that it will have an employment relationship with the beneficiary. While this seems like a very simple and easy enough thing to do, the problem is that in an employment...more

French Terminations: What Happens if You Miss the End of the Probationary Period?

You know that sinking feeling: you have a new employee in France who is not working out, and the manager has left it until the last minute to let you know. What happens if the required termination notice period will now...more

The New Jersey “Opportunity To Compete Act” Takes Effect On March 1, 2015 Restricting Employers From Inquiring Into Job...

On March 1, 2015, New Jersey’s “Opportunity to Compete Act” (“OTCA”) takes effect. As explained in the legislative findings section of the OTCA, it is the intent of the OTCA to remove obstacles impeding employment...more

Fourth Circuit Slaps EEOC for Use of Misleading, Incomplete and Error-Riddled Expert Testimony

Several years ago, the Equal Employment Opportunity Commission set discriminatory use of criminal and financial background checks as a top enforcement priority. These cases are brought under the disparate impact theory,...more

Virginia Supreme Court Opinions Affecting Local Government Law – February 26, 2015

This term resulted in two cases which, in our opinion, affect Virginia local government law.  One, decided by order, deals with the effect of a failure to name a necessary party (a governing body) in appealing a BZA decision....more

Reminder for New Jersey Employers: Statewide 'Ban the Box' Law Takes Effect March 1

As previously reported, New Jersey’s version of the “ban the box” law, entitled “Opportunity to Compete Act” (the Act), goes into effect March 1, 2015. The Act limits covered employers’ ability to inquire into a job...more

Peer Review Concludes with Termination of Reviewer

You read that correctly: the hospital fired the physician who did the reviewing in a medical staff peer review proceeding. Hospital executives present at the proceeding felt the reviewing physician was too harsh in...more

“Ban-the-Box” Legislation Limits Inquiries About Criminal Background Checks

A growing number of state and local jurisdictions are enacting “ban-the-box” legislation that limits an employer’s ability to ask about criminal convictions on employment applications. Some jurisdictions are imposing stiff...more

EEOC Sues S&B Industry for Disability Discrimination

Fort Worth Cellphone Repair Facility Refused to Hire Two Hearing-Impaired Applicants Because of Their Disability, Federal Agency Charges - DALLAS - S&B Industry, Inc., a Fort Worth cellphone repair facility, violated...more

“Lies, D*mned Lies, and Statistics”: Fourth Circuit Affirms Summary Judgment Against EEOC on Background Check Lawsuit Based Upon...

On February 20, 2015, the U.S. Court of Appeals for the Fourth Circuit affirmed a Maryland federal district court’s entry of summary judgment against the U.S. Equal Employment Opportunity Commission (“EEOC”) with respect to...more

Tampa Council Says No to “Ban the Box” Law for City Contractors, Seeks Alternative Legislation

Last Thursday, Tampa’s City Council declined to pass a law that would have “banned the box” for city contractors. “Ban the box” refers to a movement at the state and local levels of government to remove the check box from job...more

IRS Announces That It Will No Longer Refund FICA Taxes on Severance Payments

The IRS recently announced that severance payments are taxable wages under FICA, and thus employers who seek tax refunds on those payments will be denied. The IRS’s position reflects the United States Supreme Court’s ruling...more

EEOC Roundup: January 2015

Employment is heavily regulated in the U.S., where it is illegal to discriminate against a job applicant or an employee because of the person's race, color, religion, sex (including pregnancy), national origin, age (40 or...more

Federal Appellate Court Throws Out EEOC Discrimination Complaint After Expert Accused of “Cherry-Picking” Data

Last week, the Federal Court of Appeals for the Fourth Circuit upheld a district court’s decision granting summary judgment to an employer accused by the Equal Employment Opportunity Commission (EEOC) of racial bias in its...more

Employment at Will Comes with Many Exceptions

Kentucky employment law generally recognizes that most employment is “at-will” – meaning, employees serve at the pleasure of the employer, and termination of an employee does not require “just cause.” ...more

Seek “Recent Graduates” for a Job Opening, Risk a Lawsuit

Employer job advertisements are, once again, coming under scrutiny. A few weeks ago, the U.S. Equal Employment Opportunity Commission (EEOC) made headlines when it filed a lawsuit against a restaurant chain over its job...more

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