News & Analysis as of September 24, 2024

Hiring & Firing › Workers' Compensation Defense

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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 -

Workers' Compensation Academy: Pennsylvania COVID-19 Update: Layoff or Furlough from Light Duty as a Result of COVID-19

Weber Gallagher Simpson Stapleton Fires &... on 4/21/2020

Weber Gallagher Workers’ Compensation Partners David Greene and Jeffrey Seyfried discuss how COVID-19 is affecting employers who have to layoff or furlough workers from light-duty and if you have to reinstate total disability...more

The Aftermath: Developments From The 2016 Session of The Connecticut General Assembly Affecting The Workplace

Pullman & Comley - Labor, Employment and... on 6/13/2016

The 2016 session of the Connecticut General Assembly has just concluded, along with subsequent “special sessions.” Most prominently from an employment law standpoint, the General Assembly passed (and the Governor signed)...more

Utilizing the Misrepresentation Defense: Practical Tips for Employers

Cranfill Sumner LLP on 7/1/2015

Since the 2011 Workers’ Comp Reform, North Carolina employers now have another defense available to assist with considerable savings in workers’ compensation claims management. An employer can plead the affirmative...more

Timing and Consistency in Employee Discipline

Pullman & Comley - Labor, Employment and... on 5/8/2015

A recent case decided by the Connecticut Appellate Court illustrates the importance of timing and consistency in administering employee discipline. In Barbee v. Sysco Connecticut, LLC, an opinion released on April 28, 2015,...more

NC Court of Appeals Addresses Causation Standard for Workers’ Compensation “Misrepresentation Defense”

Cranfill Sumner LLP on 5/6/2015

As discussed in my previous post, for claims arising on or after June 24, 2011, there is a new misrepresentation defense available to employers facing workers’ compensation claims. An Employer must prove all of the following...more

North Carolina Supreme Court Allows Termination of TTD Benefits on General Economic Conditions

Parker Poe Adams & Bernstein LLP on 6/30/2014

Employees injured on the job who are terminated by their employer are generally entitled to collect temporary total disability (TTD) benefits under the Workers’ Compensation Act until they are able to locate suitable...more

Missouri Supreme Court Lowers Employees’ Burden Of Proof In Workers’ Compensation Retaliation Claims

Ogletree, Deakins, Nash, Smoak & Stewart,... on 4/22/2014

The Missouri Supreme Court expanded rights for injured workers on April 15, 2014, by virtue of its ruling in Templemire v. W&M Welding, Inc., No. SC 93132. Under the court’s new standard, a discharged employee alleging...more

Breaking News: Missouri Supreme Court Abandons "Exclusive Causation" Standard For Workers' Compensation Retaliation

Polsinelli on 4/21/2014

The Missouri Supreme Court ruled Tuesday that plaintiffs claiming workers' compensation retaliation need only prove that their workers' compensation claims were a "contributing factor" to any adverse employment action. The...more

Retail Industry Update - December 2011, No. 4: “I’ll Get You For This” - Avoiding Charges Of Workers’ Comp Retaliation By Ed...

Fisher Phillips on 12/2/2011

In October, the U.S. Court of Appeals for the 10th Circuit upheld a jury’s decision that a package delivery company had retaliated against one of its workers for filing a workers’ compensation claim. Fortunately for the...more

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Hiring & Firing › Workers' Compensation Defense

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