Hiring & Firing Retaliation

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

When Does an Anti-Arbitration Provision Not Prohibit Arbitration of a Dodd-Frank Whistleblower Claim?

The Dodd-Frank Wall Street Reform and Consumer Protection Act, enacted on July 21, 2010, provides broad whistleblower protections to individuals who report certain possible violations of federal securities laws. Mindful that...more

Illinois Supreme Court Reaffirms Narrow Scope of Retaliatory Discharge Cause of Action

Last week, the Illinois Supreme Court reaffirmed the principle that retaliatory discharge is a narrow exception to the general doctrine of at-will employment under Illinois law. Unanimously reversing the Fifth District of the...more

Third Circuit Issues First Appellate Decision Compelling Arbitration of Dodd-Frank Whistleblower Claim

In Khazin v. TD Ameritrade, No. 14-1689, 2014 WL 6871393 (3rd Cir. Dec. 8, 2014), the Third Circuit affirmed a lower court’s decision compelling arbitration of a Dodd-Frank whistleblower retaliation claim. This is the first...more

Sixth Circuit: Job Applicant Cannot Claim Retaliation under FCA for Prior Whistleblowing Activities

Gary Vander Boegh worked as a landfill manager for the U.S. Department of Energy. While there, Vander Boegh engaged in what he claimed was protected whistleblowing activity, including reporting environmental violations that...more

Illinois Supreme Court Debates Burdens of Proof for Wrongful Termination Cases

During its September term, the Illinois Supreme Court heard oral argument in a potentially important employment law case, Michael v. Precision Alliance Group, LLC. Michael poses questions about the parties’ burdens of proof...more

ACM Services to Pay $415,000 to Settle EEOC Class Race, Gender Discrimination and Harassment Suit

Contractor Shunned Blacks and Women for Jobs, and Harassed and Fired Two Women for Opposing the Discrimination, Federal Agency Charged - BALTIMORE - ACM Services, Inc., a Rockville, Md.-based environmental remediation...more

Quirky Question #245, Last chance agreements

We operate a manufacturing plant with a union workforce where new employees begin with a 90-day probationary period during which they are not yet members of the union. I recently hired a guy who refused to work overtime on...more

California Court Finds Lack of Evidence Undermines False Claims Act and Retaliation Claims

The Southern District of California recently issued a favorable ruling for employers under both the False Claims Act and California’s retaliatory discharge provision codified at California Labor Code section 1102.5. The court...more

Appellate Court Notes

SC19119 - Iacurci v. Sax - SC19119 Dissent - Iacurci v. Sax - Plaintiff sued his accountant for negligence and was trying to get around the 3-year statute of limitations of 52-577. In opposition to the...more

2014 Louisiana Legislative Update

The Louisiana 2014 Regular Legislative Session closed on June 9, 2014. In the subsequent weeks, Governor Bobby Jindal signed into law several bills that affect employers. These new laws, which are summarized below, became...more

Employee Dismissed for Demanding Bonus and Saying that Employer “Could Fire Him”, Not For Raising Safety Concerns, Court Decides

An employee’s demand for a bonus and assertion that his employment relationship would not be “fruitful” and that his employer could fire him, was the reason for his dismissal, a court has decided. The dismissal was not...more

A Hiring Supervisor’s Subjective Judgment That the Selected Employee Would “Fit in Better” Could Create an Inference of...

A recent Second Circuit case highlights the potential perils of basing employment decisions upon subjective judgments which are susceptible to multiple interpretations. In Abrams v. Department of Public Safety, the court...more

EEOC Charges Strategic Legal Solutions with Age Discrimination and Retaliation

Company Rescinds Job Offer After Learning Attorney's Age And Bans Her for Complaining About Ageism, Federal Agency Says - NEW YORK - Strategic Legal Solutions, a national legal staffing and legal project management...more

Izza Bending Tube & Wire Resolves EEOC Retaliation Lawsuit

Employee Was Demoted and Then Fired When She Refused to Discriminate Against African-American Employee, Federal Agency Charged - MINNEAPOLIS - A Buffalo, Minn., metal services company will pay $45,000 under a...more

OFCCP Proposes Rule Regarding Pay Transparency for Federal Contractors

On Monday, the Department of Labor’s Office of Federal Contractor Compliance Programs (“OFCCP”) issued a proposed rule that would bar federal contractors from firing or otherwise retaliating against employees or applicants...more

Practical Tips for Dealing with an EEOC Charge

The first step for most disgruntled employees who believe they have been discriminated against is to file a Charge of Discrimination with the EEOC, which is a prerequisite for filing a lawsuit under several discrimination...more

EEOC Sues Kone for Retaliation and Breach of Mediation Agreement

Elevator Manufacturer Refused to Rehire Applicant in Retaliation for a Previous Discrimination Complaint, Federal Agency Charges - MEMPHIS, Tenn. - Kone, Inc., a manufacturer and servicer of elevators and escalators,...more

Washington Court of Appeals Expands "Jeopardy" Element of Claim for Wrongful Discharge in Violation of Public Policy

This month the Washington State Court of Appeals, Division III issued a ruling in Becker v. Community Health Systems, Inc. that expands protections in a wrongful termination action based on violation of a public policy....more

Food Lion Sued by EEOC for Religious Discrimination

Grocer Refused Accommodation for Jehovah's Witness's Worship Services, Federal Agency Charged - WINSTON SALEM, N.C. - Supermarket chain Food Lion, LLC violated federal law when it refused to provide a religious...more

Better Check The Brakes

The previous month’s sales numbers are final and Jane’s sales are abysmal…again. You’ve had enough and decide to fire her. You call HR to get the paperwork started. Your HR manager tells you that Jane has just left her office...more

10 Ways Your Personnel Policies Are Exposing Your Company to Legal Risk (And What to Do About It)

Your company’s personnel policies set expectations and standards for your employees, and can be used as a key defense tool in litigation. Accordingly, it is important to conduct regular audits of these policies to ensure they...more

Turner Machine Company Settles EEOC Retaliation Lawsuit for $80,000

Manufacturer Fired Engineer After He Filed a Discrimination Charge, Federal Agency Charged - NASHVILLE, Tenn. - Turner Machine Company will pay $80,000 and furnish other significant equitable relief to resolve a...more

NJ Appellate Courts Permit Employers to Shorten Statute of Limitations Period Through Employment Applications

A New Jersey Appellate Court recently held that a provision in an employment application shortening the statute of limitation from two years to six months was enforceable under New Jersey law. As a result, the employee’s...more

California Family Rights Act Interference Claims Proceed

Moore v. Century Gaming Management, Inc., No. B249978 (June 4, 2014): The California Court of Appeal recently ruled in an employee’s favor in a suit in which she claimed that her employer interfered with her rights under the...more

EEOC Sues Erie Strayer Company for Disability Discrimination

Erie Equipment Supplier Made Unlawful Medical Inquiries and Engaged in Retaliation, Federal Agency Charges - PITTSBURGH - The Erie Strayer Company, an Erie-Pa.-based construction equipment supplier, violated federal...more

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