News & Analysis as of September 18, 2024

Hiring & Firing › Disability Benefits

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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 -

New Appeals Court Decision Limits Employers’ Ability to Fight Temporary Total Disability Following Termination

Dinsmore & Shohl LLP on 3/17/2023

In a decision that will significantly impact Ohio employers, the Tenth District Court of Appeals has ruled that workers’ compensation claimants are entitled to temporary total disability benefits even if terminated for cause....more

Workers' Compensation Academy: Pennsylvania COVID-19 Update: Layoff or Furlough from Light Duty as a Result of COVID-19

Weber Gallagher Simpson Stapleton Fires &... on 4/21/2020

Weber Gallagher Workers’ Compensation Partners David Greene and Jeffrey Seyfried discuss how COVID-19 is affecting employers who have to layoff or furlough workers from light-duty and if you have to reinstate total disability...more

The LHD/ERISA Advisor: Ninth Circuit Affirms Dismissal in Fibromyalgia Disability Case

Hinshaw & Culbertson LLP on 2/5/2020

In Demko v. Unum Life Ins. Co. of America, 2019 U.S. App. LEXIS 31102 (9th Cir. Oct. 15, 2019), the Ninth Circuit affirmed Unum Life's determination that a Hollywood executive diagnosed with fibromyalgia was not disabled from...more

Key California Employment Law Cases: November 2019

Payne & Fears on 12/21/2019

Carroll v. City & Cnty. of S.F., 41 Cal. App. 5th 805, 254 Cal. Rptr. 3d 519 (2019) - Summary: Each alleged reduction of monthly disability retirement benefit payments for discriminatory reasons was continuing violation...more

Ontario, Canada: Reducing the Risk That an Employer’s Release of Claims is Found Unenforceable

Littler on 5/7/2019

When an Ontario employee executes a well-drafted release of claims upon termination, there may still be a risk that a court will conclude the release is unenforceable because it is unconscionable....more

Ontario, Canada: Sexually Harassed Employee Wins the Battle but Loses the War When she is Awarded Damages But is Ordered to Pay...

Littler on 5/2/2019

A recent decision of the Court of Appeal of Ontario, Colistro v. Tbaytel, 2019 ONCA 197, puts employers in Ontario on notice that if they re-hire an employee who has a history of victimizing a current employee by sexual...more

U.K. Employment Law Update: Accrued Holidays, Disability Benefits and Age Discrimination

Faegre Drinker Biddle & Reath LLP on 3/3/2019

If Accrued Holidays Are Not Used, Will They Be Lost? In the cases of Kreuziger v Berlin (C-619/16) EU:C:2018:872 and Max-Planck-Gesellschaft zur Forderung der Wissenschaften eV v Shimizu (C-684/16) EU:C:2018:874, the...more

District Court Clarifies That “Disability” Requiring Workplace Accommodation Does Not Entitle Plaintiff to Disability Benefits

Seyfarth Shaw LLP on 2/12/2019

Seyfarth Synopsis: A recent case from the Western District of North Carolina contains a helpful example of how the standards applicable to an employee’s request for accommodation of a disability differ from those for...more

Chris Lazarini Provides Insight on Administrative Remedies in Whistleblower Retaliation Case

Bass, Berry & Sims PLC on 11/14/2018

Bass, Berry & Sims attorney Chris Lazarini provided insight about a Sarbanes-Oxley whistleblower retaliation case brought by a plaintiff claiming she was unjustly terminated. Finding the plaintiff did not timely file an OSHA...more

SuperVision - Labor & Employment Law Insights - Issue 3, September 2018

Spilman Thomas & Battle, PLLC on 9/17/2018

...In this edition of SuperVision, Chelsea Thompson explores new developments from the National Labor Relations Board regarding handbook policies and whether or not they comply with the National Labor Relations Act. Sarah...more

If an Employee Attends a Beyonce Concert While on FMLA Leave, Can She Be Terminated?

Franczek P.C. on 9/14/2017

All the single ladies . . . all the single ladies . . . Now put your hands up, oh, oh, oh . . . Imagine marketing director, Michelle, jamming to this Beyonce song in the middle of AT&T Stadium in Dallas. On that very...more

Federal Bill Seeks to Create Portable Benefits for Gig Economy Workers

Littler on 5/26/2017

Senator Mark Warner (D-VA), a lawmaker known for closely monitoring the changing nature of work, has introduced in the Senate legislation to promote innovative ways to offer portable benefits to workers in the on-demand...more

Is Never Returning to Work a Reasonable Accommodation? Fifth Circuit Says No

Ogletree, Deakins, Nash, Smoak & Stewart,... on 3/31/2017

On March 15, 2017, in Moss v. Harris County Constable Precinct One, the Fifth Circuit Court of Appeals reaffirmed that an employer is not required to accommodate an employee who is requesting indefinite leave as a reasonable...more

A Legislative El Niño for California?: New 2016 Employment Laws for the State’s Private Sector Employers

Littler on 10/13/2015

Experts are predicting a 95% chance of heavier-than-usual seasonal rainfall this year in Southern California based on the phenomenon known as “El Niño.” Did the California Legislature and its Governor produce a comparable...more

North Carolina Supreme Court Allows Termination of TTD Benefits on General Economic Conditions

Parker Poe Adams & Bernstein LLP on 6/30/2014

Employees injured on the job who are terminated by their employer are generally entitled to collect temporary total disability (TTD) benefits under the Workers’ Compensation Act until they are able to locate suitable...more

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Hiring & Firing › Disability Benefits

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