News & Analysis as of

Hiring & Firing › Retaliation › Resignation

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 -
U.S. Equal Employment Opportunity Commission...

Red Robin to Pay $600,000 in EEOC Sexual Harassment Lawsuit

U.S. Equal Employment Opportunity Commission... on

Settles Federal Charges the Casual Dining Chain Allowed Female Employees, including a Teen, to be Sexually Harassed, Retaliated Against, and Forced to Resign - EVERETT, Wash. – Restaurant chain Red Robin International,...more

TNG Consulting

Vocal Coach’s Concerns of Disparate Treatment Insufficient to Undo her Dismissal

TNG Consulting on

Warmington v. Board of Regents of the Univ. of Minnesota U.S. Dist. Ct., D. Minn. (April 21, 2020) - PROCEDURAL HISTORY:  Warmington, a highly accomplished and nationally recognized track and field coach, resigned in...more

Robins Kaplan LLP

Financial Daily Dose 5.5.2020 | Top Story: WeWork’s Neumann sues SoftBank over scuttled $3B share purchase

Robins Kaplan LLP on

WeWork co-founder wants to get PAAAAAID, so he’s suing SoftBank in an attempt to force it to “go through with its canceled deal to buy $3 billion of the company’s shares, accusing the Japanese conglomerate and its Vision Fund...more

Lewitt Hackman

Unlawful, or Just Mean? California Appellate Court Decides Discrimination Case

Lewitt Hackman on

People with disabilities have legal protections under both federal and state law. California’s Fair Employment and Housing Act (FEHA) prohibits an employer from taking adverse actions against a person because of a person’s...more

Genova Burns LLC

Whistleblower Claim a No-Go for Employee who Voluntarily Resigned

Genova Burns LLC on

The New Jersey Appellate Division in Portilla v. Maxim Healthcare Services, Inc., recently upheld the dismissal of a constructive discharge lawsuit by a registered nurse, lawyer, and self-described “paradigmatic...more

Butler Snow LLP

Court Blows the Whistle on Sevierville Police Officer's TPPA Claims

Butler Snow LLP on

Under the Tennessee Public Protection Act (TPPA), also known as the “whistleblower statute,” it is unlawful to fire an employee “solely for refusing to participate in, or for refusing to remain silent about, illegal...more

Seyfarth Shaw LLP

The Sixth Circuit Shows That Balancing ADA Obligations With Enforcement Of Workplace Rules Is Far From An Exercise In Futility

Seyfarth Shaw LLP on

Seyfarth Synopsis: Employers face a tough challenge in trying to balance their obligations under the ADA with efforts to enforce workplace rules. A recent decision out of the United States Court of Appeals for the Sixth...more

Foley & Lardner LLP

Expanding the Timer: Supreme Court Gives Employees More Time to File Claims

Foley & Lardner LLP on

They say that timing is everything — or at least now it is for so-called “constructive discharge” claims. Last month, the United States Supreme Court, in a 7-1 decision, solidified the rule that the time within which an...more

Genova Burns LLC

Tick-Tock Goes the Clock: SCOTUS Clarifies the Statute of Limitations in Constructive Discharge Actions

Genova Burns LLC on

On May 23, 2016, the United States Supreme Court issued its opinion in Green v. Brennan, Postmaster General, in which the Court gave aggrieved employees in workplace discrimination cases more time to file complaints against...more

Parker Poe Adams & Bernstein LLP

Supreme Court Says Limitations Period for Discrimination Claims Runs Beginning on Date of Constructive Discharge

Parker Poe Adams & Bernstein LLP on

Title VII and related federal civil rights laws contain short administrative claims periods that often result in preclusion of actions filed after expiration of these dates. These exclusions lead to frequent litigation...more

Obermayer Rebmann Maxwell & Hippel LLP

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

Obermayer Rebmann Maxwell & Hippel LLP on

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

Franczek P.C.

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

Franczek P.C. on

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

FordHarrison

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

FordHarrison on

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

Littler

Supreme Court Clarifies the Time Period for Initiating Constructive Discharge Claims

Littler on

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

McAfee & Taft

Resignation triggers clock start for filing constructive discharge claims

McAfee & Taft on

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

Parker Poe Adams & Bernstein LLP

Refusal to Allow Employee to Rescind Resignation May Violate Title VII

Parker Poe Adams & Bernstein LLP on

In general, once an employee tenders his or her notice of resignation, the employer is under no legal obligation to rescind acceptance of the notice. Last month, the Fifth Circuit Court of Appeals cast doubt on this rule by...more

16 Results
 / 
View per page
Page: of 1

"My best business intelligence, in one easy email…"

Your first step to building a free, personalized, morning email brief covering pertinent authors and topics on JD Supra:
Sign up Log in
*By using the service, you signify your acceptance of JD Supra's Privacy Policy.
- hide
- hide