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

Two weeks’ notice? Long-time employees may be required to give more to employers

A recent Ontario Superior Court case, Gagnon & Associates Inc. et. al. v Jesso et. al., is a reminder that both employers and employees are required to give reasonable notice of termination at the conclusion of an employment...more

“It’s a Match!”

Can techniques for finding a good date be used to find a good job or a good candidate? Some creators of recruiting technology think so. The recruiting app Switch uses a Tinder-like tool to match hiring managers and...more

Hiring Your Team: Defining The Terms And Conditions Of Employment

If you have selected a candidate for employment, you can reduce legal risks by clearly defining the terms and conditions of employment in an offer letter. Below are some tips for drafting an effective offer letter. What...more

Supreme Court’s Constructive Discharge Decision Makes Sense for Employers and Employees

Monday’s Supreme Court decision in Green v. Brennan, holding that the time for an employee to bring a constructive discharge claim begins running from the date that resignation is tendered, will probably make timeliness...more

Tennessee Legislative Update

Governor Haslam recently signed several bills into law that will impact Tennessee employees and employers in both the public and private sectors. Employers may wish to reassess certain policies and practices in light of these...more

FTC Releases New Guidance on FCRA Compliance for Employment Background Screening Companies

The FTC has released new guidance aimed at helping companies that conduct background screenings for employment purposes to determine whether they are “consumer reporting agencies” within the meaning of the federal FCRA....more

Tennessee Employers with 50 or More Employees Will Be Required To Use E-Verify Starting 1/1/2017

Starting January 1, 2017, all Tennessee employers with 50 or more employees will be required to use the E-Verify system in order to verify the employment eligibility of workers hired on or after that date. Currently,...more

Spring Forward: Constructive Discharge Clock Doesn’t Start Until Employee Gives “Definite Notice” of Intent to Resign

On May 23, 2016, the Supreme Court resolved a circuit split over the deadline for employees to pursue their administrative remedies in connection with constructive discharge claims under Title VII. Generally, employees must...more

Resignation Date Starts the Statute of Limitations Clock In Constructive Discharge Cases, Supreme Court Holds

On Monday, the U.S. Supreme Court ruled that the statute of limitations for purposes of filing a claim alleging constructive discharge begins to run on the date that the employee resigns, as opposed to the last discriminatory...more

Connecticut Legislature Passes Non-Compete Act Concerning Contracts With Physicians

On May 18, 2016, the Connecticut legislature transmitted Public Act No. 16-95 (the “Act”) to the Governor for his signature. The Governor is expected to sign the bill into law in the coming weeks. Once he does, it will...more

Medical Marijuana and an Employer’s Rights in DC, Maryland, and Virginia

The District of Columbia, Maryland, and Virginia have all taken steps toward legalizing marijuana in some form. However, these laws differ in many respects and raise some interesting questions for employers. Because medical...more

Supreme Court Rules that Statute of Limitations Period for Constructive Discharge Claims Begins to Run from Date of Notice of...

The U.S. Supreme Court recently held that the statute of limitations period for constructive discharge claims under Title VII of the 1964 Civil Rights Act (Title VII) begins to run from the date that the employee gives the...more

Supreme Court Clarifies the Time Period for Initiating Constructive Discharge Claims

On May 23, 2016, the United States Supreme Court issued its decision in Green v. Brennan, holding that the statute of limitations for a constructive discharge claim begins to run at the time the employee resigns. While the...more

Ohio Employment Law Reform: S.B. 268

The Ohio General Assembly heard testimony on May 18, 2016, in support of pending Senate Bill 268 (S.B. 268), the Employment Law Uniformity Act. S.B. 268 seeks to amend Ohio’s employment discrimination statute, R.C. Chapter...more

Resignation triggers clock start for filing constructive discharge claims

Federal law requires a governmental employee to file a constructive discharge claim with the Equal Employment Opportunity Commission within 45 days of the “matter alleged to be discriminatory.” The vagueness of that phrase...more

Constructive Discharge: Supreme Court Sets the Clock in Employees’ Favor

On May 23, 2016, the Supreme Court of the United States ruled that the filing period for constructive discharge claims, which can be filed pursuant to many different employment laws, begins to run upon an employee’s...more

Federal Court Allows the EEOC to Conduct Investigation on Employer’s Premises Without Employer Consent or a Warrant

Many employers are familiar with the fact that the EEOC regularly conducts on-site workplace investigations after receiving charges of discrimination or harassment. A recent federal court decision, however, may lead to an...more

Preventing discrimination against Muslim and Middle Eastern employees

In the wake of recent terrorist attacks in Paris and San Bernardino, the Equal Employment Opportunity Commission (EEOC) has warned employers to be proactive and take measures against discrimination aimed at those who are, or...more

Five Reasons Why Employees Talk to Lawyers

“Why am I getting sued?” is a common question we get from our employer clients when faced with what they perceive as a frivolous lawsuit brought by a ne’er-do-well former employee out for a quick buck or a pound of flesh. The...more

Not So Fast: Administrative Review Board Vacates Discrimination Finding Sought by OFCCP

A recent decision from the Department of Labor’s Administrative Review Board serves as a warning to federal agencies against overreaching in their efforts to identify alleged employment discrimination. It also serves to...more

New York State Prohibits Discrimination Based on Relationship or Association

On May 18, 2016, the New York State Division of Human Rights (SDHR) adopted new regulations that prohibit discrimination based on a relationship or association with members of a protected class. The purported purpose of the...more

Social Links—Twitter loosens up; case against Google stands; should millennials be in charge of big social media campaigns?

Here’s how Twitter is loosening up its 140-character limit. The federal government will now check the social media history of prospective employees before granting them security clearance....more

Spouses in the Workplace: Allow or Prohibit?

Employers often face the issue of whether to allow spouses or other family members to work together. Regardless the side the employer falls on, there is potential liability lurking....more

Employment Law Navigator – Week in Review: May 2016 #4

Last week the long-awaited final FLSA overtime regulations were published. The regulations are intended to make an additional 4.2 million workers eligible for overtime. The new rules raise the salary threshold for exempt...more

Key Legislation Emerging from the 2016 Maryland General Assembly Session and Local Ordinances to Remember

Maryland's 2016 General Assembly session has now adjourned. Maryland employers should be aware of the following new laws resulting from this legislative term:  (1) Equal Pay for Equal Work; (2) Equal Pay Commission; (3)...more

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