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

Employment Law: Sep 2014

California Enacts Paid Sick Leave - Why it matters: Employers in California must now provide three paid sick days per year for workers, pursuant to a new law going into effect on July 1, 2015. The controversial...more

Gavel to Gavel: Helpful to employers

The Oklahoma Legislature has again amended the Oklahoma Employment Security Act, which governs unemployment benefits. The act has been amended several times over recent years in several significant respects. Originally...more

What Employers Need to Know if Laying Off Foreign National Employees

In today’s tenuous economic climate – and any time, for that matter – lay-offs are, unfortunately, an unavoidable part of business operations. As we reported last month, lay-offs are particularly stressful and...more

Major changes in store for Tennessee wrongful discharge law

Last month, Tennessee Governor Bill Haslam signed into law legislation (Public Chapter 995) that will significantly amend the Tennessee Human Rights Act (“THRA”), the Tennessee Public Protection Act (“TPPA”), and the...more

FMLA FAQ: Can We Terminate an Employee for Working a Second Job While on FMLA Leave?

If the employer has a uniformly-applied policy governing outside or supplemental employment, such a policy may continue to apply to an employee while on FMLA leave. An employer which does not have such a policy may not deny...more

EEOC Sues Rock-Tenn for Disability Discrimination

Human Resources Manager Fired Because of Coronary Artery Disease, EEOC Says - DETROIT - Rock-Tenn Company, a worldwide paper and packaging manufacturer, violated federal law by firing a human resources manager because...more

Roseland Community Hospital Sued By EEOC for Pregnancy Discrimination

Agency Charges South Side Hospital Refused to Accommodate And Fired Pregnant Employee - CHICAGO - Roseland Community Hospital, on Chicago's South Side, violated federal law when it refused to accommodate an employee...more

OFCCP Proposes Rule Regarding Pay Transparency for Federal Contractors

On Monday, the Department of Labor’s Office of Federal Contractor Compliance Programs (“OFCCP”) issued a proposed rule that would bar federal contractors from firing or otherwise retaliating against employees or applicants...more

Retailer - Fall 2014

Counting the Cost of Payroll Cards: Are they Worth it for Employers? Retailers, as well as other employers, have grown to rely on payroll cards to compensate employees who may not have bank accounts. What are the legal risks...more

France: Courts Limit Claims for Constructive Dismissal

Constructive dismissal is, in effect, a resignation treated as a dismissal. The employee terminates the employment contract in response to an employer’s alleged breach and the Employment Tribunal then assesses the employer’s...more

Employment Law Summer Recap 2014: Part 3 of 11 – The Decision 2.0: This Time, LeBron Leaves the Right Way; Will Your Employees?

While it seems like it happened forever ago, it was just back in July when LeBron James once again held this nation captive over where he would play basketball. ...more

Practical Tips for Dealing with an EEOC Charge

The first step for most disgruntled employees who believe they have been discriminated against is to file a Charge of Discrimination with the EEOC, which is a prerequisite for filing a lawsuit under several discrimination...more

France: What Should an Employer Do Where an Employee Seeks a Declaration of Constructive Dismissal without Resigning?

Under French law, there are various ways in which an employment contract may be terminated: resignation, dismissal, redundancy, amicable termination and so on. There is also a category of termination which is similar to a...more

EEOC Sues Tiny’s Organic for Pregnancy Discrimination

Company Fired Supervisor Expecting Twins, Federal Agency Charges - WENATCHEE, Wash. - Wenatchee fruit grower Tiny's Organic violated federal law by firing a farm worker for becoming pregnant, the U.S. Equal Employment...more

“Discipline” included “dismissal”: employer did not breach safety-reprisal settlement when it dismissed employee after harassment...

An employer that dismissed an employee after a harassment investigation did not breach a previous safety-reprisal settlement with the employee, the Ontario Labour Relations Board has held. In effect, the employer never...more

Analytics and . . . Employment Law?

Moneyball (both book and movie versions) portrays a baseball team’s general manager, Billy Beane (Brad Pitt in the movie), who eschewed conventional wisdom and instead relied on data analytics to build a successful team on a...more

Attract and Retain Top Talent When You Cannot Compete Straight Up on Cash

One of the biggest challenges that a business owner may face is attracting and retaining top talent to help drive value and build their company. There are a variety of employee incentive compensation tools that can be used to...more

A NLRB Decision Employers Will Not "Like"

On August 22, 2014, the National Labor Relations Board ("NLRB") issued a 3-member panel, unanimous decision that the termination of two employees because of their Facebook activity violated the National Labor Relations Act....more

EEOC Sues Employer for Forcing “Onionhead” Religious Practices on Workers

The U.S. Equal Employment Opportunity Commission (EEOC) recently sued a health network, alleging that the company fired employees who refused to participate in activities that the federal agency claimed were religious...more

Ban-the-Box Bandwagon Requires Application Review

On August 11, 2014, New Jersey joined Illinois and at least 11 other states, as well as dozens of cities and local governments, in prohibiting most employers from initially asking about criminal history on job applications....more

EEOC Sues McLeod Health for Disability Discrimination

Non-Profit Medical Institution Subjected Employee to Illegal Medical Examinations And Fired Her in Violation of Federal Law, Federal Agency Charges - FLORENCE, S.C. - McLeod Health, Inc., a South Carolina regional...more

Labor & Employment E - Note - September 2014

In This Issue: - More Workers Are Claiming 'Wage Theft' - Big Companies, States Urge High Court to Rule on Gay Marriage - Firms Continue to Increase Background Checks on Job Candidates - Obama...more

Marijuana Use For Alleged Depression and Anxiety Can Still Get You Fired In Florida

There can be no doubt that Americans' views on the legality of marijuana use for both medicinal and recreational purposes has shifted over the past few years. A recent survey conducted by Fextel, Inc. and StPetePolls.org...more

EEOC Sues Dunkin’ Donuts Franchisee for Religious Discrimination

Company Refused to Hire Applicant Because of His Religion, Federal Agency Charged - ASHEVILLE, N.C. - Citi Brands, LLC, a franchisee of Dunkin' Donuts, violated federal law by refusing to hire a job applicant who is a...more

Employer Rejects Employee's Fitness for Duty Certification, Faces FMLA Liability

The story is for all you hunt and peck typists out there. But its message is a lesson for all employers when it comes to returning your employee from FMLA leave....more

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