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Hiring & Firing › Defense Strategies

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 -
Fisher Phillips

SCOTUS Predictions: Ruling in Whistleblower Retaliation Case Will Impact Employers’ Defense Strategy

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Does a fired whistleblower need to show their employer acted with retaliatory intent to prove retaliation under the Sarbanes-Oxley Act (SOX)? The Supreme Court has been asked to review the standard of proof in such cases –...more

Venable LLP

Good Faith Defense Precludes Final Pay and Wage Statement Penalties

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The California Court of Appeal recently issued an opinion that brings good news to employers in connection with California's draconian penalties for late payment of final wages....more

Littler

Ontario, Canada Court Strikes Employer’s Defence in Wrongful Dismissal Action After it Continuously Avoids Scheduling its...

Littler on

In Ferguson v. Yorkwest Plumbing Supply Inc., 2022 ONSC 4792, an employee who commenced a wrongful dismissal action via Ontario’s Simplified Procedure rules was granted an order striking the employer’s statement of defence...more

American Conference Institute (ACI)

[Event] 30th Annual Employment Practices Liability Insurance Conference - January 25th - 26th, New York, NY

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ACI’s Forum on Employment Practices Liability Insurance is returning to New York City on January 25 – 26, 2022! IN-PERSON and LIVESTREAM options available. This annual conference is the one-stop, must-attend meeting place...more

McDermott Will & Emery

Background Checks: The Advent of the New California Employment Class Action

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Class action litigation brought under the Fair Credit Reporting Act (FCRA) is on the rise—particularly in California—after the US Court of Appeals for the Ninth Circuit issued a 2017 decision applying a hypertechnical...more

Payne & Fears

[Webinar] 2020 Virtual Employment Law Seminar: Fear Nothing - October 21st, 9:30 am - 3:30 pm PDT

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This year has been fraught with disruption. To make things easier, Payne & Fears is offering one full day of seminars on pressing employment law topics. Attendees can join from the comfort of their homes or offices. Attend...more

McDermott Will & Emery

[Webinar] Background Checks: The Advent of the New Employment Class Action (Part 2) - September 10th, 11:00 am PT

McDermott Will & Emery on

Class action litigation brought under the Fair Credit Reporting Act (FCRA) is on the rise—particularly in California—after the US Court of Appeals for the Ninth Circuit issued a 2017 decision applying a hypertechnical...more

McDermott Will & Emery

[Webinar] Background Checks: The Advent of the New California Employment Class Action - July 30th, 11:00 am - 12:15 pm PDT

McDermott Will & Emery on

Class action litigation brought under the Fair Credit Reporting Act (FCRA) is on the rise—particularly in California—after the US Court of Appeals for the Ninth Circuit issued a 2017 decision applying a hypertechnical...more

American Conference Institute (ACI)

[Virtual Event] Complex Employment Litigation & Risk Management - August 20th, 10:00 am - 6:45 pm EDT

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As industry grapples with unprecedented risk and uncertainty, in-house counsel and private practitioners are set to attend ACI’s Virtual Conference on Complex Employment Litigation & Risk Management on August 20th. There...more

Franczek P.C.

Recent Case Addresses Board of Education Dismissal of Tenured Teacher Over Hearing Officer Finding of No Cause

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In a recent decision, the Appellate Court of Illinois rejected a school board’s decision to terminate a tenured teacher for misconduct despite a hearing officer’s finding that there was insufficient evidence of cause for...more

Lewitt Hackman

Unlawful, or Just Mean? California Appellate Court Decides Discrimination Case

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People with disabilities have legal protections under both federal and state law. California’s Fair Employment and Housing Act (FEHA) prohibits an employer from taking adverse actions against a person because of a person’s...more

Hogan Lovells

Employment News: wrongful dismissal, equal pay, workers

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Red faces – no gross misconduct when employee revealed executive's pay - The EAT had to consider whether an employee had acted in breach of contract or committed gross misconduct when he revealed details of an executive's...more

Parker Poe Adams & Bernstein LLP

Failure to Date Reorganization Memos Does Not Defeat Summary Judgment

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When we respond to allegations of employment discrimination, reconstructing the timeline of events is crucial. In these situations, the parties often agree what happened (i.e., the employee was terminated). Where they differ...more

Jackson Walker

Whistleblowers and Retaliation: How To Prevent Getting Sued (Presentation)

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...more

Skadden, Arps, Slate, Meagher & Flom LLP

Equal Pay Audits: Current State of the Law

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On September 20, 2018, Skadden hosted the webinar “Equal Pay Audit: Current State of the Law.” The panelists were Karen Corman, Skadden labor and employment partner; Robin Quittell, managing director, chief human resources...more

Nilan Johnson Lewis PA

FCRA Standalone Disclosure Claims: Not Still Standing in the 8th Circuit

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On September 6, 2018, the Eighth Circuit Court of Appeals ruled that an employee who consents to a background check cannot pursue a claim in federal court based on a violation of the Fair Credit Reporting Act’s (FCRA)...more

Jackson Lewis P.C.

Selective Enforcement Not A Viable Defense to Non-Competition Agreements Under Ohio Law

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Employers sometimes worry whether seeking to enforce their non-competes in some circumstances but not others might preclude enforcement altogether in the future. Not so, says one court. Applying Ohio law, the United States...more

Fisher Phillips

Was This Doctor A "Good Fit"?

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A Wisconsin hospital scored an important victory in a recent failure-to-hire case involving an allegation of race discrimination. The underlying facts offer a timely reminder to all healthcare employers about what is...more

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