News & Analysis as of September 22, 2024

Employee Misconduct

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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 -

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

Ogletree, Deakins, Nash, Smoak & Stewart,... on 5/10/2024

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

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

Epstein Becker & Green on 11/28/2023

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

NJ District Court Upholds Employee Termination After FMLA Leave

Genova Burns LLC on 4/24/2023

On March 31, 2023, in LeBlanc v. Thomas Jefferson University, the United States District Court for the District of New Jersey granted an employer’s motion for summary judgment, dismissing a former’s employee’s allegations of...more

Motive Behind Employer's Investigation Determines Retaliation Question

Parker Poe Adams & Bernstein LLP on 9/23/2022

Here’s another common scenario we see with clients: An employer has an especially difficult employee who has made multiple complaints about their treatment while at the same time performing terribly and missing...more

Third Circuit Upholds Firing of Whistleblower Accused of Harassment by Oinking

Bass, Berry & Sims PLC on 9/2/2022

On August 26, the U.S. Court of Appeals for the Third Circuit issued an order reaffirming that potential False Claims Act (FCA) whistleblowers are not immune from being fired for workplace misconduct, especially where that...more

What To Do When Employee Misconduct And Protected Activity Collide?

Seyfarth Shaw LLP on 6/2/2020

Seyfarth Synopsis: When an employee violates company rules or policies, a company is within its rights to respond with appropriate corrective action. How to respond, however, can become complicated when an employee engages in...more

#No Filter: Terminating an Employee for Social Media Posts – Part 2

Cozen O'Connor on 9/13/2019

Prior to the advent of social media and especially the #MeToo movement, employers were generally comfortable drawing a bright line between what employees did on their own time and workplace misconduct. ...more

FAQs About Skip-Level Meetings: A Critical Management Tool

Fisher Phillips on 6/17/2019

It is never good to put off dealing with a problem employee. Whether it is misconduct, poor performance, or simply an attitude that impairs your team’s ability to work together well, the time to act is now. Waiting to act...more

No, Stealing Personnel Files Is Not Protected Activity (But the analysis doesn’t end there)

Polsinelli on 11/21/2018

On November 15, 2018, the United States Fourth Circuit Court of Appeals affirmed the decision of the Middle District of North Carolina in the case of Netter v. Barnes, et al, upholding dismissal of Netter’s case because her...more

Fast Food Chain Turns $626 Loss Into Nearly $8 Million

Flaster Greenberg PC on 9/24/2018

When Chipotle Mexican Grill Inc. fired store manager Jeanette Ortiz, accusing her of stealing $626 in cash from the safe, it could never have expected its minimal theft loss to balloon into a nearly $8 million jury verdict...more

Fourth Circuit Holds Complaining Employee is not Protected From Termination if the Employer Terminates Her Because It Believed Her...

Mintz - Employment Viewpoints on 6/28/2017

A recent Fourth Circuit ruling in a case handled by Mintz Levin provides some comfort to employers concerned about terminating an employee who they believe has made a false complaint of discrimination. In Villa v. CaveMezze...more

Court OK’s termination of diabetic employee for misconduct

McAfee & Taft on 3/21/2017

A recent federal appeals court decision case upheld an employer’s termination of a diabetic employee for misconduct, despite the employee’s argument that her poor work performance was a result of low-blood sugar....more

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Hiring & Firing › Retaliation › Employee Misconduct

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