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

Yesterday’s Pub & Grille Sued by EEOC For Disability Discrimination

Supervisor Refused to Hire HIV-Positive Employee for Server Position - GREENSBORO, N.C. - Sappyann, Inc., which operates Yesterday's Pub & Grille restaurant in Sanford, N.C., violated federal law by discriminating...more

Sleeping on the Job Not Enough to Bar Transgender Bias Suit

A jury should decide whether a transgender employee caught sleeping on the job in a customer’s car was unlawfully terminated because of her transgender status, the Eleventh Circuit Court of Appeals has ruled....more

Is That Recruiting Technology Compliant?

There is some cool recruiting tech out there. Swipe, for example, a Tinder-like mobile app, allows hiring managers to “swipe right” for the applicants they are interested in. It also has a built in job-matching algorithm....more

Firing after employee’s “generalized threat to get legal advice” was not retaliatory

An employee who was fired approximately one month after he told his employer that he “might get legal help” was not the victim of a reprisal, the Ontario Labour Relations Board has decided. Although the case was filed under...more

Illinois Legislative Changes and a State Supreme Court Decision Substantially Help Employers Challenge Unemployment Claims

Two recent developments substantially affect unemployment benefits in Illinois. First, on January 3, 2016, the Illinois Unemployment Insurance Act (820 ILCS 405/602(A)) (“Act”) was amended to make it much easier for employers...more

Continued Employment is Enough for a Severance Agreement

Here’s one where the tables were turned. Former employees often argue that a non-compete agreement is unenforceable because there was inadequate “consideration.” Consideration is the exchange parties to a contract make, what...more

What's a "Yahoo"? An Object Lesson in Employer-Employee Relations

Can you mistakenly fire employees? According to recent media reports, Yahoo apparently did. News about Yahoo’s mix-up were reported earlier this week in various media outlets. As it turns out, as many as 30 employees...more

Eye-Popping Verdict For “The Little Guy” Against Wal-Mart

Last week, a federal jury (after only 3 hours of deliberation) awarded a Walmart female pharmacist... wait for it... $31 MILLION! Maureen McPadden, a 13-year Wal-Mart pharmacist, brought an action alleging retaliatory...more

Where Have You Gone Dennis Kozlowski? Third Circuit Dismisses Tyco Employee’s Whistleblower Claim Over Excessive Corporate...

On February 2, 2016, the Third Circuit affirmed the dismissal of a long-running SOX whistleblower suit filed by Jeffrey Wiest, a former accounts payable manager for Tyco Electronics. The decision is the first in which the...more

Massachusetts Federal Court Reaffirms That Continued Employment Constitutes Sufficient Consideration for Non-Compete

In American Well Corporation v. Obourn, Civil No. 15-12265-LTS, 2015 WL 7737328 (D. Mass. Dec. 1, 2015), Judge Sorokin of the United States District Court for the District of Massachusetts upheld a non-compete entered into...more

Definition of “Deliberate and Willful” Misconduct Under the Illinois Unemployment Insurance Act Revised and Expanded

Governor Rauner recently signed legislation that revised and expanded the definition of “deliberate and willful” misconduct under the Illinois Unemployment Insurance Act (820 ILCS 405/602). Under the prior definition, the...more

The Final Word on Dependent Contractors

I wrote last year about the Ontario Superior Court of Justice’s decision in the case of Keenan v. Canac Kitchens (a link to same can be found here: http://www.employmentandlabour.com/?s=Canac). Last week the Ontario Court...more

NYC Passes Bill Targeting Grocery Industry

The New York City Council’s targeted attacks on specific industries continue unabated. After levying onerous new labor law requirements on car washes this past summer, the Council recently turned its attention to the grocery...more

Pennsylvania Federal Court Confirms Arbitration Award In Favor Of Philadelphia Union Soccer Team In Wrongful Termination Suit With...

A Pennsylvania federal court recently confirmed an arbitrator’s decision in a wrongful termination suit which held in favor of the Philadelphia Union soccer team, finding it did not violate former head coach Piotr Nowak’s...more

New Year, New Employment Laws: Changes New York Employers Need to Know

The legal landscape for employers is rarely static for an extended period of time, and 2015 delivered several important changes for New York employers. Although some of these developments affect companies operating statewide,...more

eBook Doing Business in Massachusetts: A Guide to U.S. and Massachusetts Law for Non-U.S. Businesses

This guide is intended to provide foreign business-people with an introduction to the basic kinds of laws and regulations that affect the conduct of business in the United States, and particularly in The Commonwealth of...more

Public Hearings Held On Two Additional District of Columbia Employment-Related Bills

On Tuesday, January 26, 2016, the D.C. Council held a joint public hearing on two employment-related bills. Both the video and audio recordings of the hearing are available on the D.C. Council’s website....more

Fourth Circuit Upholds Gender-Based Job Qualification

Title VII prohibits discrimination based on gender. Employers generally cannot adopt different qualification standards for men and women for the same job. However in some circumstances, federal courts have recognized that...more

Canadian Employment News Series - January 2016: Top 10 Canadian Employment Law Cases of 2015

With 2015 now behind us and our sights set on 2016, we have compiled the following list of ten significant Canadian employment law cases from 2015. This roundup is a cross-section of decisions from across the country,...more

Can a Massachusetts Religious School Refuse to Employ a Worker in a Same-Sex Marriage?

In Barrett v. Fontbonne Academy, the Massachusetts Superior Court curtailed various statutory and constitutional defenses available to an employer affiliated with a religious institution that faces discrimination claims under...more

Pennsylvania Court Ends Ban on Ex-Offenders Working in Nursing Homes

The Pennsylvania Commonwealth Court recently declared that a portion of the Pennsylvania Older Adults Protective Services Act, 35 P.S. §§ 10225.101, et seq. (Act), which prohibited individuals with certain criminal...more

Naughty Neonatal Nurse Nixed After Nineteen Years; Hospital Wins Age Discrimination Lawsuit

A veteran neonatal nurse practitioner who was fired after one too many acts of misconduct could not prove age discrimination, a federal appeals court recently confirmed. The case presents healthcare employers with a good...more

Illinois Supreme Court Rules Educational Employers Are Not Required to Arbitrate “Do Not Hire” Designation

When the Chicago Board of Education refused to arbitrate grievances concerning its “do not hire” policy, it did not violate the Illinois Educational Labor Relations Act according to the Illinois Supreme Court. This case...more

New Protection for Zero Hour Workers

The Exclusivity Terms in Zero Hour Contracts (Redress) Regulations 2015 (Regulations) came into force on 11 January 2016. These provide additional protection to individuals on zero hours contracts. By way of background,...more

Can You Fire An Employee Who Has Exhausted FMLA Leave?

An employee of yours goes out on medical leave. Suppose that you only have to abide by the federal FMLA law. After 12 weeks, the employee is still out. Can you simply fire the employee?...more

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