News & Analysis as of

Hiring & Firing Lost Wages

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

Surprise! Don’t Let an Office Birthday Party Cost You $450,000

Fisher Phillips on

You may recall the Seinfeld episode where Elaine Benes consumes a $29,000 piece of cake from the 1937 wedding of the Duke and Duchess of Windsor. A birthday cake from an office party in Kentucky may have that pricey wedding...more

Jackson Lewis P.C.

Late Pay Entitles Employees to Triple Wages Regardless of When Paid, Massachusetts High Court Holds

Jackson Lewis P.C. on

When an employer does not pay an employee earned wages within the time frames set forth in the Massachusetts Wage Act (MWA), the employee is entitled to three times the wages owed, regardless of the length of the delay or...more

Stikeman Elliott LLP

The High Cost of Reinstatement for Québec Employers

Stikeman Elliott LLP on

On January 20, 2022, the Administrative Labour Tribunal (the “Tribunal”) awarded an employee dismissed without cause, termination pay in the amount of $716,970.71 as well as an indemnity for lost wages, loss of pension...more

U.S. Equal Employment Opportunity Commission...

EEOC Sues Geisinger Health and Affiliates for Disability Discrimination and Retaliation

Health System Failed to Reasonably Accommodate Class of Workers with Disabilities, Federal Agency Charges - PHILADELPHIA – Geisinger Health, Geisinger Health System Foundation doing business as Geisinger Health System,...more

U.S. Equal Employment Opportunity Commission...

Excentia Human Services Sued by EEOC for Disability Discrimination

Preschool Provider Refused to Employ Candidate with Cerebral Palsy, Federal Agency Charges - PHILADELPHIA – The Pai Corporation, doing business as Excentia Human Services and as Excentia and S. June Smith Center...more

Proskauer - California Employment Law

California Jury Awards Employees $7.6 Million in Latest Gargantuan Wrongful Termination Verdict

A Los Angeles jury has ordered an apartment building owner and property management company to pay $7.6 million to two former live-in apartment managers who claimed to have been wrongfully terminated and discriminated against...more

CDF Labor Law LLP

EMPLOYERS BEWARE: California Labor Commissioner Issues ‘Retaliation’ Fine After Employee Complaints about COVID Safety Measures

CDF Labor Law LLP on

California’s Labor Commissioner issued a $125,913 fine against a McDonald’s franchisee for retaliating against its former employee who allegedly complained about COVID safety issues before being terminated.  The Labor...more

U.S. Equal Employment Opportunity Commission...

Lucy’s Cantina Royale and Restaurant Group Sued by EEOC for Firing Pregnant Employee

Employer Declared Employee Was ‘Not a Good Fit’ After It Learned of Her Pregnancy, Federal Agency Charges - NEW YORK – A restaurant group that includes Lucy’s Cantina Royale, a Mexican restaurant operating in Manhattan,...more

Proskauer - Law and the Workplace

SJC Finds Commissions Lost Due to Retaliation Are Subject to Trebling

In a February 12, 2020 decision, Parker v. EnerNOC, Inc., SJC-12703, the Massachusetts Supreme Judicial Court held that the full commission which would have been due to an employee had she not been retaliated against and...more

Robins Kaplan LLP

Financial Daily Dose 1.23.2020 | Top Story: Tesla Becomes World’s Second Most Valuable Auto Maker

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Malware goes commercial. Last year, Jeff Bezos’ phone was hacked after he received a message on WhatsApp containing a line of malware code. The incident has shed light on the malware, aka spyware, industry. Companies sell...more

Seyfarth Shaw LLP

Close Was Not Close Enough: First Circuit Denies Executive’s Implied Covenant Claim For Unpaid Equity Compensation Related To A...

Seyfarth Shaw LLP on

Seyfarth Synopsis: On November 27, 2019, the United States Court of Appeals for the First Circuit held that, under Massachusetts law, a terminated employee asserting a claim for being deprived of lost compensation in breach...more

Littler

Ontario, Canada: Human Rights Tribunal Awards $120,000 Award for Discrimination in Hiring Process

Littler on

The Human Rights Tribunal of Ontario (the “HRTO”) recently rendered its decision on remedy in the Haseeb v. Imperial Oil Limited case, following up on its liability decision in which it found the employer’s practice of...more

Polsinelli

Med-Staff Newsletter - September 2019 | VOL 3

Polsinelli on

Dr. Kenneth Economy was employed by East Bay Anesthesiology Medical Group (“Anesthesia Group”), which held an exclusive contract to provide anesthesia services at The East Bay Hospital (“Hospital”). During asurprise...more

Littler

Ontario, Canada: When an Employment Contract Is Frustrated Due to the Employee’s Permanent Disability, the Employer’s Duty to...

Littler on

Employers in Ontario will likely welcome the decision in Katz et al. v. Clarke, 2019 ONSC 2188 (Divisional Court), which addressed the scope of the duty to accommodate in the event of an employee’s permanent disability. ...more

Nossaman LLP

$3.8 Million Awarded to Physician Serves as Important Reminder About Fair Hearing Rights

Nossaman LLP on

In a decision affecting California hospitals, medical groups, medical staffs, and physicians, the California First District Court of Appeal has concluded that a physician’s notice and hearing rights apply to situations where...more

Polsinelli

California Hospitals Cannot Use an Exclusive Contract to do an End-Run around a Medical Staff Member’s Right to Notice and a Fair...

Polsinelli on

Economy v. Sutter East Bay Hospitals (Feb. 4, 2019, A150211, A150738, A150962) __ Cal.App.5th __ [2019 WL 422346] - The California First District Court of Appeal has addressed an issue often dealt with by hospitals with...more

U.S. Equal Employment Opportunity Commission...

Target Sued by EEOC For Disability Discrimination

Antioch Store Illegally Refused to Interview Candidate Because He Is Deaf, Federal Agency Charges - SAN FRANCISCO - National retailer Target Corporation violated federal law when it failed to interview a qualified job...more

U.S. Equal Employment Opportunity Commission...

Siskind Group to Pay $50,000 To Settle EEOC Pregnancy Discrimination Suit

New York City-Based Apparel Company Fired Employee Rather Than Allow Her to Return to Work After Childbirth, Federal Agency Charged - NEW YORK - Manhattan-based apparel company R. Siskind & Company, Inc., doing business as...more

Fisher Phillips

Former Dealership Employee Nabs $1.3 Million Verdict In Disability Discrimination Suit

Fisher Phillips on

Why should your dealership conduct thorough investigations into possible employee misconduct and document poor performance before termination? A Florida court just gave 1.3 million reasons....more

Burr & Forman

Mining company doomed in resurrected 'mark of the beast' lawsuit

Burr & Forman on

The U.S. 4th Circuit Court of Appeals (whose rulings apply to all South Carolina employers) recently decided a religious accommodation case in which a jury awarded a former employee more than half a million dollars. The Equal...more

Jackson Lewis P.C.

Ex-GC Awarded $8 Million For Retaliatory Firing

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A California federal jury awarded Sanford Wadler, former General Counsel of Bio-Rad Laboratories, $8 million for his claims against his former employer under the whistleblower provisions of Sarbanes-Oxley (SOX) and the...more

Mayer Brown

Ninth Circuit Substantially Reduces Punitive Award Against Walgreen

Mayer Brown on

Things have been quiet in the world of punitive damages for the last few months, but two recent decisions substantially reducing punitive awards under the BMW/State Farm factors warrant mention. My colleague Miriam Nemetz...more

U.S. Equal Employment Opportunity Commission...

University Of Denver Sued By EEOC for Sex-Based Pay Discrimination

University Paid Female Full Law Professors Significantly Less Than Male Counterparts, Federal Agency Charges - DENVER, Colo. - The University of Denver violated federal law by paying female employees lower wages than...more

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

Minnesota Court Creates “Wrongful Discharge” Damages Claim for MFLSA Violations

In an unexpected surprising broadening of employee rights under the Minnesota Fair Labor Standards Act, the Minnesota Court of Appeals held, on June 27, 2016, that an employee who is discharged for refusing to obey an...more

Littler

California Passes Law Aimed to Bridge the Gender Wage Inequality Gap

Littler on

On October 6, 2015, California's Governor Edmund G. Brown, Jr. signed into law Senate Bill (SB) 358, legislation intended to increase wage transparency and which will make it more difficult for an employer to defend against...more

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