Hiring & Firing Termination

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

Sony to Pay $85,000 under Decree Resolving EEOC Disability Discrimination Suit

Electronics Giant Allegedly Engineered Firing of Employee Because of Her Prosthetic Leg - CHICAGO - Sony Electronics, Inc. will pay $85,000 under a consent decree entered in federal court today ending a lawsuit brought...more

Can Offensive Personal Tweets Justify Dismissal?

Most of the case law in the UK on dismissals related to employees' social media activity has been at employment tribunal level and therefore the recent decision of the Employment Appeal Tribunal (“EAT”) in Game Retail v Laws...more

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

Staffing Companies Hit with Class Action Alleging Violation of Fair Credit Reporting Act

Fair Credit Reporting Act class actions remain on the rise. The latest one of note was recently filed in Maryland federal court against staffing agencies Aerotek, Inc. and Allegis Group, Inc., alleging that they violated the...more

Illinois Appellate Court Finds Admitted Off-Duty Marijuana Use Does Not Bar Unemployment Insurance Benefits

Is an employee entitled to receive unemployment insurance benefits after being terminated for admittedly smoking marijuana while on vacation? According to a recent, and counter-intuitive, decision by the Illinois Appellate...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

Employment Client Alert: Punitive Damages Award in Title VII Sexual Harassment Case Does Not Violate Due Process

In State of Arizona v. ASARCO LLC, WL 6918577, published December 10, 2014, the Ninth Circuit Court of Appeals held that an award of $300,000 in punitive damages did not violate due process even though no compensatory damages...more

Pitchess Motions in Administrative Hearings

California Supreme Court Holds Administrative Hearing Officers Have Authority to Grant Pitchess Motions for Discovery of Personnel Disciplinary Records - Overview: The California Supreme Court has ruled that...more

EEOC Consent Decree Ends Midway Neurological Pregnancy Discrimination Case

Federal Agency Charged Bridgeview Facility Illegally Fired Pregnant Social Worker - CHICAGO - Midway Neurological & Rehabilitation Center, a provider of short- and long- term medical and rehabilitation care located in...more

Business Litigation Alert: U.S. Supreme Court Set to Decide High Profile Whistleblower Case

On November 4, the U.S. Supreme Court heard the case Department of Homeland Security v. MacLean - a whistleblower protection case that is being closely watched. At issue is whether an employee can be terminated for...more

Tardy-From-Home

From the beginning, the employee had attendance and punctuality problems, and the problems didn’t improve even when the employer adjusted her schedule. After she was diagnosed with MS, the company approved intermittent FMLA...more

Best Practices for Handling Unemployment Compensation Claims Part 1: Responding to the Initial UC Claim and Appealing the Initial...

Pennsylvania employers can achieve positive results and realize other important gains by wisely and effectively responding to, and when appropriate, contesting unemployment compensation claims. This post is Part 1 of a 3 part...more

The Importance of Timing in Employment Terminations

There is a saying that “timing is everything,” and in some instances of employment termination, the timing, if not everything, may still be an important consideration....more

Employee Fired for Working Additional Hours Eligible for UC Benefits Despite Prior Warning

In a recent unreported decision, the Pennsylvania Commonwealth Court considered a part-time employee's eligibility for Unemployment Compensation ("UC") benefits after she was fired for disregarding her employer's prior...more

California Employment Law Notes

Google Required To Produce Emails In Response To Former Employer's Subpoena - Negro v. Superior Court, 2014 WL 5341926 (Cal. Ct. App. 2014) - Navalimpianti USA, Inc. subpoenaed Google, Inc. to produce copies of...more

Private University Professor Was Properly Fired For Exhibiting Frightening Behavior

The University of San Francisco terminated a tenured professor after the employee exhibited angry and frightening behavior with other employees over a substantial period of time. In Kao v. University of San Francisco (August...more

NLRB Upholds Employee Terminations for Facebook Rant

A few weeks ago, I wrote a blog post about the recent line of NLRB cases examining what constitutes “protected, concerted” activity in the context of employees engaging in profane, insulting, or disrespectful conduct or talk...more

Marijuana Users in Michigan Eligible for Unemployment

Medicinal marijuana users in Michigan who are lawfully terminated by their employer for failing a drug test are, according to the Michigan Court of Appeals, entitled to receive unemployment benefits....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

Payment of Final Wages - A Costly Rule if Overlooked by Payroll

We recently had the privilege of presenting to the West Virginia Association of School Human Resource Officials (WVASHRO) on the topic of “Employee Discipline: Step-by-Step for the Personnel Office.” One of the topics of...more

Employer Permitted to Use “After-Acquired” Evidence at Discrimination Trial

In Weber v. Fujifilm Medical Systems USA Inc., et al., case numbers 13-4891 and 14-0206, decided on October 9, 2014, the U.S. Court of Appeals for the Second Circuit held that a former executive’s employer could use...more

Second Circuit Allows After-Acquired Evidence to Support Termination Decision

On October 9, 2014, the United States Court of Appeals for the Second Circuit, in a summary order, affirmed a district court’s admission of evidence at trial of a former employee’s misconduct, discovered after the employee’s...more

High Court confirms no magic cloak for union activities

By a narrow majority, the High Court of Australia has held that the termination of an employee for holding up a "scab" sign while engaging in lawful industrial activity did not breach the Fair Work Act 2009 (Cth). The Court's...more

Former OSU Band Director Files Title IX Lawsuit After Being Terminated By University

Over the past year, an exceptional number of colleges and universities have been accused (by both complainants and alleged wrongdoers) of mishandling complaints of sexual assault and sexual harassment in violation of Title...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

444 Results
|
View per page
Page: of 18