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Hiring & Firing › Employee Misconduct

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 -
Parker Poe Adams & Bernstein LLP

Fourth Circuit Expands Employer Protections Against Suspected FMLA Misuse

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While the Family and Medical Leave Act (FMLA) is designed to protect employees who suffer from a qualifying "serious health condition that makes the employee unable to perform the functions of" their job, its administration...more

Ogletree, Deakins, Nash, Smoak & Stewart,...

Eighth Circuit Chips Away at ‘Honest Belief’ Defense and Creates ‘Intertwinement Test’ for Disability Discrimination Cases

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On July 1, 2024, in Huber v. Westar Foods, Inc., in a 2–1 decision, the Eighth Circuit Court of Appeals departed from the “honest belief” defense recognized by the First, Second, Fourth, Fifth, and Seventh Circuits (and U.S....more

BCLP

UK HR Two-Minute Monthly: May 2024

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Our May update includes a case on whistleblowing where the claimant’s belief in the disclosures was questioned along with whether decision makers who knew little or nothing about the disclosures could be blamed for those who...more

BCLP

Participation in an Anti-Competitive Cartel and Dismissal for Serious Misconduct

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On 27 February 2024, the Nîmes Court of Appeal confirmed that an employee may be dismissed for serious misconduct for participating in an anti-competitive cartel. While the risk of companies being penalised for...more

BCLP

Private life and disciplinary dismissal

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In this case submitted to the Supreme Court (“Cour de cassation”), a State health insurance agency dismissed one of its employee for gross misconduct for having sent to some of her colleagues, through her professional email...more

Ogletree, Deakins, Nash, Smoak & Stewart,...

FMLA Doesn’t Shield Employee From Dismissal Due to Misconduct Prior to Leave Request, District Court Rules

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On April 29, 2024, in McBeath v. City of Indianapolis, the U.S. District Court for the Southern District of Indiana granted summary judgment in favor of the City of Indianapolis on a plaintiff’s claims for Family and Medical...more

Weintraub Tobin

California Employment News: Effective Disciplinary Procedures and Policies (Podcast)

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Having a fair and meaningful disciplinary process can be a helpful tool for employers to improve employee performance. In this episode of California Employment News, employment attorneys Meagan Bainbridge and Nikki Mahmoudi...more

Weintraub Tobin

California Employment News: Effective Disciplinary Procedures and Policies

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Having a fair and meaningful disciplinary process can be a helpful tool for employers to improve employee performance. In this episode of California Employment News, employment attorneys Meagan Bainbridge and Nikki Mahmoudi...more

Bricker Graydon LLP

Johnny’s a Thief and Stole the Copier - Can I Deduct it from his Paycheck?

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I’m in my office, talking with Tommy about the terrible MLS schedule. He thinks FCC should not be playing in the knockout stage of CONCACAF to begin the season; “put that game mid-season, we score 3 or 4 goals in the first...more

Littler

UK Tribunal Overturns Dismissal for Prank at Work: A Win for Workplace Banter?

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A recent decision by the Watford Employment Tribunal in Richardson v West Midlands Trains Ltd saw a train driver reinstated and awarded £40,000 after he was found to have been unfairly and unlawfully dismissed for performing...more

Dechert LLP

Recent New York Legislation Highlights Tension Between Employee Privacy and Regulatory Compliance for Broker-Dealers and Advisers

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As of today, March 12, 2024, a New York state statute, in certain circumstances, restricts employers “from requesting or requiring that an employee or applicant disclose any . . . means for accessing a personal account...more

Troutman Pepper

Effective Harassment Trainings: Best Approaches With Insights from NCIS — Hiring to Firing Podcast

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In this episode of the Hiring to Firing Podcast, Partners Tracey Diamond and Evan Gibbs draw insights from the TV series NCIS to discuss effective workplace harassment training. Our hosts are joined by Victoria Pasquale,...more

Epstein Becker & Green

Massachusetts Federal Judge Rules that Protected Activity Does Not Shield an Employee from the Consequences of Engaging in...

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On November 13, 2023, in USA ex rel, Morgan-Lee, et al. v. The Whittier Health Network, LLC, et al., a Massachusetts federal district judge concluded that although the plaintiff engaged in protected activity when she raised...more

Littler

Alberta, Canada Court Holds Senior Executive Personally Liable to Employer

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In Breen v Foremost Industries Ltd, 2023 ABKB 552, the Court of King’s Bench of Alberta dismissed the claim of a President and CEO that he had been wrongfully dismissed from his employment, finding that his employment had...more

Tucker Arensberg, P.C.

Teacher Discharged for Social Media Posts

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In the Matter of Arbitration Between Milton Area Education Association and Milton Area School District (Talarico 2022) (Arbitrator sustains discharge of teacher for inappropriate social media posts)....more

Amundsen Davis LLC

[Ongoing Program] Session 5: Conflict Resolution - November 15th, 12:00 pm - 2:00 pm CT

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Amundsen Davis’s Leadership & Management Certification Training Series - Develop your managers into the professional leaders who create the culture that propels your business. Amundsen Davis’s Leadership & Management...more

Amundsen Davis LLC

[Ongoing Program] Session 4: Performance Improvement Plans - November 1st, 12:00 pm - 2:00 pm CT

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Amundsen Davis’s Leadership & Management Certification Training Series - Develop your managers into the professional leaders who create the culture that propels your business. Amundsen Davis’s Leadership & Management...more

Amundsen Davis LLC

[Ongoing Program] Session 3: Conducting Workplace Investigations and Documenting Employee Issues - October 18th, 12:00 pm - 2:00...

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Amundsen Davis’s Leadership & Management Certification Training Series - Develop your managers into the professional leaders who create the culture that propels your business. Amundsen Davis’s Leadership & Management...more

Amundsen Davis LLC

[Ongoing Program] Session 2: How to Effectively and Lawfully Communicate with Your Employees - October 4th, 12:00 pm - 2:00 pm CT

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Amundsen Davis’s Leadership & Management Certification Training Series - Develop your managers into the professional leaders who create the culture that propels your business. Amundsen Davis’s Leadership & Management...more

Amundsen Davis LLC

[Ongoing Program] Session 1: Recruiting and Onboarding Employees - September 20th, 12:00 pm - 2:00 pm CT

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Amundsen Davis’s Leadership & Management Certification Training Series - Develop your managers into the professional leaders who create the culture that propels your business. Amundsen Davis’s Leadership & Management...more

Troutman Pepper

How to Combat Corporate Theft: Office Space - Hiring to Firing Podcast

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Corporate theft can happen in any workplace. What type of employee is most likely to steal from the company or its customers? What can companies do to combat this? Partners Tracey Diamond and Evan Gibbs chatted with Troutman...more

Carlton Fields

New Hampshire Supreme Court Vacates Arbitration Award Based on “Plain Mistake” of Law

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The city of Portsmouth terminated a police officer in the wake of a bequest made to the officer by a 92-year-old woman he had met while on duty. The officer had assisted the woman in finding an attorney to draft a new will...more

Miller Canfield

Time is Money: Addressing Time Theft in the Workplace

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Every minute counts in the workplace, but what happens when employees start stealing worktime for personal gain? This important issue is known as time theft which is the act of employees taking advantage of company time for...more

Parker Poe Adams & Bernstein LLP

NLRB Reverses Standard for Firing Employees Who Engage in Labor Confrontations

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Last week, the National Labor Relations Board’s (NLRB) game of legal tennis continued when it reversed another Trump-era decision involving when employers can take disciplinary action against employees who lose their cool...more

Venable LLP

What the Bleep!?: NLRB Makes it More Difficult to Discipline Employee Outbursts

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On Monday May 1, 2023, the NLRB issued a decision that makes it more difficult for employers to discipline or terminate employees who have engaged in "abusive conduct." This decision, Lion Elastomers LLC II, overturns the...more

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