News & Analysis as of

Hiring & Firing › Termination › Age Discrimination

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 -
BCLP

UK HR Two-Minute Monthly: April 2024

BCLP on

Our April update includes a case on AI facial recognition software that allegedly discriminated against black people, a case where an individual carrying out a dismissal did not have enough knowledge of protected disclosures...more

Constangy, Brooks, Smith & Prophete, LLP

I'm an employment lawyer. Here are 5 things you employers are doing wrong.

Constangy, Brooks, Smith & Prophete, LLP on

You won't want to miss this!!! You all probably read respectable news sources. I subscribe to a number of "sober" mainstream publications, but have a sick attraction to the Daily Mail and the New York Post....more

Genova Burns LLC

New Jersey Appellate Division Rules Termination Of An Older Employee Is Not Always Age Discrimination

Genova Burns LLC on

On May 26, 2023, the New Jersey Appellate Division in Kalloo v. New York New Jersey Rail, LLC affirmed summary judgment in favor of the employer finding there was no evidence that age played any role in the termination of the...more

Genova Burns LLC

NJ Appellate Division Rules No Age or Disability Bias in Termination of 60-Year-Old Employee

Genova Burns LLC on

On March 29, 2023, the New Jersey Appellate Division affirmed an employer’s win after a former employee claimed he was fired on the basis of his age and disability. In Estate of Zoto v. Cellco Partnership d/b/a Verizon...more

Constangy, Brooks, Smith & Prophete, LLP

I got fired at age 60. Must have been my age.

Constangy, Brooks, Smith & Prophete, LLP on

Then again, it may have been that "FU" text I sent the boss. You can't make this stuff up. For those of you who think I'm too hard on employers, today is your day. There was an excellent pro-employer decision recently...more

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

Colorado Employers - Get Ready for a Wave of New Laws

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

The Colorado General Assembly was busy drafting and passing numerous employment laws during its 2022 legislative session, creating a wave of change for employers in the Centennial State. Colorado Expands Termination Notice...more

Jackson Lewis P.C.

Older Employee Let Go In Reduction In Force Can Proceed To Trial On ADEA Claim

Jackson Lewis P.C. on

An employer’s retention of a younger, less-qualified employee instead of the older, more experienced employee, who was terminated during the Company’s reduction in force, can give rise to liability under the Age...more

Sherman & Howard L.L.C.

When Trying To Be “Kind” Backfires

Sherman & Howard L.L.C. on

A federal District Court in Michigan recently found that a plaintiff had presented enough direct evidence of age discrimination to merit a trial. The plaintiff worked as a member of defendants’ kitchen staff for about two...more

Jackson Lewis P.C.

Employee’s Refusal To Take Drug Test Could Not Support Age And Gender Discrimination Claims

Jackson Lewis P.C. on

A federal court in Massachusetts dismissed the age and gender discrimination claims of a long-term employee who was fired after he refused to take a “reasonable suspicion” drug test. Tombeno v. FedEx Corporate Services, Inc.,...more

Haight Brown & Bonesteel LLP

Context Is Key in Age Discrimination Cases

Haight Brown & Bonesteel LLP on

In Charles T. Merrick v. Hilton Worldwide, Inc., et. al. (No. 14-56853, filed 8/16/17), the United States Court of Appeals for the Ninth Circuit applied a nuanced analysis within the McDonnell Douglas burden-shifting...more

FordHarrison

Seventh Circuit Holds Distressed County Did Not Violate ADEA When It Terminated Rehired Retirees to Preserve Supplemental Health...

FordHarrison on

On July 26, 2017, the United States Court of Appeals for the Seventh Circuit in Carson v. Lake County, Indiana affirmed the district court’s order granting summary judgment to the employer on the plaintiffs’ Age...more

Fox Rothschild LLP

Court Rejects Bias Claim of Licensed Medical Marijuana Caregiver Fired from Restaurant for Selling Drugs

Fox Rothschild LLP on

An Outback Steakhouse employee who was fired for distributing drugs to a co-worker despite her status as a licensed medical marijuana caregiver has lost her suit alleging the termination was the result of age discrimination. ...more

Mayer Brown

Kansas City Gives St. Louis A Run For The Money–Literally

Mayer Brown on

St. Louis and Kansas City have long been cross-state baseball rivals. Who can forget the 1985 I-70 World Series? So it is hardly surprising that on the eve of St. Louis being named by the American Tort Reform Association...more

Pullman & Comley - Labor, Employment and...

Employee Separation Agreements – A Refresher

Pullman & Comley - Labor, Employment and... on

There is one conversation I have with my clients who are employers more frequently than any other. It’s the one that begins, “We’ve decided to let so-and-so go. Do we have to have an agreement of some kind?” Here is what you...more

Mintz - Employment, Labor & Benefits...

Federal Court Allows Terminated Employee to Proceed with Age Discrimination Claim Despite Her Execution of a Release of Claims

Mintz - Employment, Labor & Benefits... on

A recent Colorado federal court decision serves as a good reminder to employers on how not to obtain a release of claims from a terminated employee. For starters, don’t tell the employee her job is being eliminated and then...more

Pullman & Comley, LLC

Appellate Court Notes

Pullman & Comley, LLC on

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

Mintz - Employment, Labor & Benefits...

Waivers of Age Discrimination Claims in Reduction in Force Cases Continue to Face Intense Scrutiny

Mintz - Employment, Labor & Benefits... on

A Federal court in Colorado recently permitted a former employee to advance an age discrimination claim despite his prior execution of a severance and release agreement after his employment ended in connection with a...more

Fenwick & West LLP

Age Discrimination Claim Survives Dismissal Where Questions Existed Regarding Adequacy Of Job Performance And Employee Presented...

Fenwick & West LLP on

Reversing a trial court’s decision in favor of the employer, a California Court of Appeals in Cheal v. El Camino Hospital held that a former employee may present her age discrimination claim to a jury because there were...more

U.S. Equal Employment Opportunity Commission...

Hutchinson Sealing Systems to Pay $210,000 To Resolve EEOC Age Discrimination Claim

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

Three Older Employees Targeted During 'Reduction in Force,' Federal Agency Charged - DETROIT - Hutchinson Sealing Systems, Inc., an automotive sealing systems manufacturer based in Auburn Hills, Mich., will pay...more

Foley & Lardner LLP

An "Honest Belief" Remains a Viable Defense Option

Foley & Lardner LLP on

Termination and other adverse employment actions often give rise to claims of intentional discrimination and other litigation. In many cases, the issues will boil down to an assertion that the facts supporting the employer’s...more

U.S. Equal Employment Opportunity Commission...

EEOC Wins Second Victory Against RadioShack in Retaliation Case

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

55-Year-Old Manager Fired Days After He Complained About Age Discrimination; Awarded $675,000 Judgment - DENVER - The U.S. Equal Employment Opportunity Commission (EEOC) won another victory in federal court in...more

Littler

Washington Court Weighs in on Privilege Waiver & What Is Opposition Activity

Littler on

In Lodis v. Corbis Holdings, Inc., No. 67215-1-I (Wash. Ct. App. Jan. 14, 2013), the Washington State Court of Appeals has helped clarify what has become a contentious issue in employment litigation, ruling that "when a...more

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

Western District Of New York Dismisses “Threadbare” FMLA And Discrimination Allegations At Initial Pleadings Stage

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

Gonzalez v. Carestream Health, Inc., No. 12-CV-6151(CJS) (W.D.N.Y. Sept. 18, 2012, Siragusa, J.): A district court granted an employer’s motion to dismiss the complaint of a 60-year old male who brought claims for age...more

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

Summary Judgment Lives For Employers Seeking Dismissal Of New York City Human Rights Law Claims

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

Melman v. Montefiore Medical Center, 946 N.Y.S.2d 27 (1st Dep’t May 29, 2012): The New York Appellate Division, First Department recently held that plaintiffs bringing discrimination claims under the New York City Human...more

24 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