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

Employers: Be Vigilant About ADA Compliance During the Hiring Process

While certain job duties may legitimately require that employers screen applicants and employees for medical conditions, organizations risk violating the Americans with Disabilities Act (ADA) and incurring serious legal...more

Texas Supreme Court Establishes That an At-Will Employee Does Not Have a Viable Fraud Claim Based on Continued Employment

The Texas Supreme Court recently issued a much-anticipated opinion regarding fraud claims in the employment at will context. In Sawyer v. E.I. du Pont de Nemours & Co., 430 S.W.3d 396 (Tex. 2014), the Fifth Circuit Court of...more

Termination of Police Officer Whose ADHD Limits Ability to Get Along With Others Does Not Violate ADA, Ninth Circuit Says

In Weaving v. City of Hillsboro (--- F.3d ----, C.A.9 (Or.), August 15, 2014), the federal Ninth Circuit Court of Appeals was asked to decide whether, consistent with the Americans with Disabilities Act (“ADA”), the city...more

Immigration Corner: Global Printing Problems for Immigrant Travel Visas, and More Road Signs on the Foggy PERM Highway

A printing problem usually can be fixed in minutes by swapping out a toner cartridge or adding some paper, or it could take a little longer to clear a complex paper jam. Right? Not at the U.S. Department of State! Apparently...more

U.S. Citizenship and Immigration Services Issues New Guidance on H-1B Status for Nurses

On July 11, 2014, U.S. Citizenship and Immigration Services (USCIS) issued a policy memorandum to provide updated guidance on the adjudication of H-1B petitions for nursing positions. The memorandum was issued in response to...more

Let’s Shake On It: Texas Case Exemplifies the Perils of Adopting a Company-Wide Practice of Oral Agreements

An opinion out of the Fourteenth Court of Appeals demonstrates why employers need to be weary of developing a practice of oral agreements in regards to compensation upon which at-will employees may detrimentally rely. The...more

Crazy Statistics: Protect Your Company From The 234 Million Dollar Beast with Discrimination and Harassment Training

Do you want to hear some CRAZY numbers? Of course you do, because just like me, you read about harassment and discrimination settlements for fun. (We are weird people, and probably need to take up a different hobby, but I...more

The Notice Period: Employees Who Refuse to Work

If an employee walks out, refusing to work his notice period, can an employer elect to keep the contract of employment alive, without paying the recalcitrant employee? ...more

Labor & Employment E - Note - August 2014

In This Issue: - S.E.I.U. Helps Fast-Food Workers Battle for $15 an Hour Wage - Obama Announces Fair Pay and Safe Workplaces Executive Order - Silicon Valley Hiring Conspiracy Settlement Insufficient, Judge...more

Bill Introduced to Congress Which Establishes National Hiring Standards for Motor Carriers

The recent introduction of H.R. 4727 in the House of Representatives marks the first step toward insulating freight brokers and third-party logistics providers (3PLs) from claims by plaintiffs who seek an alternate source for...more

How The ADA Impacts Your Hiring

Most employers understand their fundamental obligations under the Americans with Disabilities Act (ADA) to protect against disability discrimination and to provide reasonable accommodations to qualified disabled employees,...more

Employee fired for failing to cooperate with FMLA leave approval process

Managing employees’ FMLA leave can be one of the most challenging and frustrating responsibilities for an HR department. So what can an employer do when an employee is slow to provide documentation and respond to exam...more

Better Check The Brakes

The previous month’s sales numbers are final and Jane’s sales are abysmal…again. You’ve had enough and decide to fire her. You call HR to get the paperwork started. Your HR manager tells you that Jane has just left her office...more

Food Rite Community Supermarket Settles EEOC Sex Discrimination Lawsuit

Richmond Store Denied Qualified Female Applicant Van Driver Job, Lawsuit Charged - RICHMOND, Va. - Lee's Food Corp., doing business as Food Rite Community Super­market, will pay $10,500 and provide other relief to ...more

English Teacher’s Blog Post Ruled As Unprotected Speech

A Pennsylvania District Court dismissed teacher Natalie Munroe’s violation of free speech claim against the Central Bucks School District. Ms. Munroe accused the School District and some administrators for violating her free...more

Check This [Box] Out: Ban the Box Legislation Continues to Gain Momentum

An increasing number of cities, counties and states have passed laws restricting employers from inquiring about a job applicant’s criminal background, giving momentum to the “ban the box” movement. The term “ban the box”...more

The GPMemorandum, Issue 182

In This Issue: - Supreme Court Holds Company Can Sue Competitor For Unfair Competition Even If It Complies With FDA Labeling Regulations: In an 8-0 decision announced on June 12, 2014, the Supreme Court held...more

10 Ways Your Personnel Policies Are Exposing Your Company to Legal Risk (And What to Do About It)

Your company’s personnel policies set expectations and standards for your employees, and can be used as a key defense tool in litigation. Accordingly, it is important to conduct regular audits of these policies to ensure they...more

Quirky Question # 238, No Laughing Matter – Company Found Liable for Wrongfully Terminating Independent Contractor’s Agreement

Question: My company relies on independent contractors, over whom we don’t exert control. They often joke around with each other. I’m not liable for employment discrimination if I terminate one of them after they...more

Sixth Circuit Refuses to Uphold Collective Action Waiver Absent Arbitration

My working title for this blog was “collective action grab bag,” concerning the recent Sixth Circuit case in Killion v. KeHE Distributors, LLC, Case Nos. 12-3357/4340 (6th Cir. July 31, 2014). I went with the title that...more

NLRA Violation for Refusal to Allow Union Representation Prior to Drug Test

The National Labor Relations Board (NLRB or Board) recently held that an employer violated the National Labor Relations Act (NLRA) when it discharged an employee who refused to take a drug test without first consulting with...more

EEOC Sues Savi Technology for Pregnancy Discrimination

Company Rescinded Job Offer to Applicant for Human Resources Director Position Less than One Day after Learning She Had Recently Given Birth, Federal Agency Says - ALEXANDRIA, VA - Alexandria, Virginia-based Savi...more

MPW Industrial Services Will Pay $37,500 to Settle EEOC Disability Discrimination Lawsuit

Company Fired Laborer Because of Back Impairment, Federal Agency Charged - PITTSBURGH -- MPW Industrial Services Inc., a provider of industrial cleaning, facility management and labor support services, will pay $37,500...more

E-Verify Update and Improvements

E-Verify has been operational since 1997 as part of a Basic Pilot Program to assist employers to verify electronically that a newly hired employee is authorized to work in the US. A number of states have made use of E-Verify...more

Former Executive Has No Right To Possess A-C Privileged Documents

Suppose that a corporation terminates its president and chief executive officer who then sues for breach of his employment contract. Does the former executive officer have a right to access and use materials subject to the...more

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