News & Analysis as of

Hiring & Firing Wrongful 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 -

4th Circuit sets a match to battalion chief's First Amendment claims

by McNair Law Firm, P.A. on

Lately, we’ve been seeing more cases in which public-sector employees accuse their governmental employer of violating the First Amendment to the U.S. Constitution. Such claims can arise in many ways, but with the...more

Jury Rejects Whistleblower Claim By Former SpaceX Employee

On June 7, 2017, a California jury returned a 9-3 verdict, dismissing whistleblower claims brought by a former Space Exploration Technologies Corporation (“SpaceX”) employee. Jason Blasdell v. Space Exploration Technologies...more

The Second Circuit Gives Ex-Cons’ Wrongful Termination Suit A Second Chance

by Hinshaw & Culbertson LLP on

On May 31, 2017, the United States Court of Appeals for the Second Circuit gave two Ex-Cons a second chance at pursuing their wrongful termination suit against their employer’s client, after New York’s highest court weighed...more

Second Circuit Affirms the Dismissal of a SOX Claim for Failing to Meet the “Reasonable Belief” Standard

On June 1, 2017, the Second Circuit affirmed the dismissal of a Sarbanes-Oxley Act (“SOX”) whistleblower retaliation claim brought by a former Metropolitan Life Insurance Co. (“Company”) employee because the employee lacked a...more

NLRB Settlements Can Be Tricky, Especially If You Don’t Inform The Agency

The last few decisions issued by the NLRB have addressed a wide spectrum of rather unique situations. Just in the last several days we saw decisions involving a combative registered nurse and a human resources representative...more

Management Alert: Texas Supreme Court Rules That There Is No Cause of Action For “Compelled Self-Defamation” In Texas

by Seyfarth Shaw LLP on

Seyfarth Synopsis: Compelled self-defamation claims most commonly occur in the wrongful termination context, when plaintiffs allege they are required to defame themselves to prospective employers because they are required to...more

Be Aware Belgium April 2017

by DLA Piper on

Limits to political, philosophical and religious neutrality towards customers? The Court of Justice of the European Union (CJEU) states that a dismissal based on an internal rules banning all employees from wearing visible...more

IXL Learning Sued by EEOC for Retaliation

Employee Fired for Posting About Discrimination on Glassdoor.com, Federal Agency Charges - SAN FRANCISCO - Educational technology company IXL Learning Inc. violated federal law when it retaliated against an employee for...more

The Northern District of New York Applies the “Reasonable Belief” Standard

On May 11, 2017, the Northern District of New York applied the Second Circuit’s standard for evaluating a Dodd-Frank retaliation claim in response to a motion to dismiss under F.R.C.P. Rule 12(b)(6). The court denied the...more

Picking a Fight: How California Makes Employment Law Peculiar

by Seyfarth Shaw LLP on

Seyfarth Synopsis: Our mission here at Cal-Pecs is to illuminate how California employment law differs from the law that employers generally experience throughout America. In this back-to-basics piece, we provide some...more

Appeals court rules diagnosed mental impairment not proven to be actual disability

by McAfee & Taft on

As many employers know, the ADA Amendments Act of 2008 (ADAAA) broadened the scope of who may be considered disabled under the Americans with Disabilities Act (ADA). Indeed, through the ADAAA, Congress sought to make it...more

Macron: The Winding Road to Labour Reforms

by Seyfarth Shaw LLP on

On 14 May 2017, French President-elect Emmanuel Macron with a strong 66% majority officially started his five year mandate. His first duty was to appoint a Prime Minister, Edouard Philippe, a Conservative, who will now form a...more

Social Media Lesson for Employers: Recent $1.5 Million Retaliatory Discharge Verdict

by McNair Law Firm, P.A. on

On May 11, 2017, a federal jury in Charlotte, North Carolina awarded a former fire department employee, Crystal Eschert, a $1.5 million verdict in a retaliatory discharge lawsuit that teaches powerful lessons in today’s...more

Commonwealth Court Orders Teacher Reinstated When The School Board Fails To Strictly Comply With Statutory Procedures For...

by Tucker Arensberg, P.C. on

Vladimirsky v. School District of Philadelphia, 144 A.3d 986 (Pa. Commw. Ct. 2016). The Commonwealth Court held that a tenured teacher has a constitutionally protected interest in his (or her) employment and can only be...more

One Step Remains in Correcting the Missouri Human Rights Act

by Littler on

On May 9, 2017, the Missouri Legislature passed a significant amendment to the Missouri Human Rights Act (MHRA), which would bring the Act into closer alignment with federal and other states' anti-discrimination statutes. All...more

Avoiding Illegal Termination of Employees in Nevada

by Dickinson Wright on

One of the many challenges for employers is that, occasionally, employees must be terminated. Unfortunately, sometimes those former employees claim to have been terminated illegally, giving rise to the risk of legal and...more

Canada: Ontario Superior Court of Justice Finds Against Employee in Negative Job Reference Dispute

by Littler on

In a lawsuit involving both wrongful dismissal and defamation, Canada's Ontario Superior Court of Justice in Papp v. Stokes et al, 2017 ONSC 2357, has ruled that an employer’s negative review of an employee’s attitude during...more

Safety officer, fired after company loses COR certification, wins wrongful dismissal lawsuit

by Dentons on

A safety officer whose duties included maintaining his employer’s Certificate of Recognition (COR) certification was not fired for just cause, a court has decided. The company claimed that it lost its COR certification due to...more

Virginia Supreme Court Refuses to Expand Bowman Doctrine for Wrongful Termination of an At-Will Employee

by FordHarrison on

In Bowman v. State Bank of Keysville, the Virginia Supreme Court first recognized an exception to the employment at-will doctrine based upon an employer’s violation of public policy in the discharge of an employee. In...more

A Review of Recent Whistleblower Developments

by Foley & Lardner LLP on

Whistleblower Developments is a periodic report covering significant cases, decisions, proposals, and legislation related to whistleblower statutes and how they may impact your business. ...more

Wisconsin Court Holds Discharging Employee Because of Misconduct Caused by Disability Can Be Discrimination

The Wisconsin Court of Appeals has affirmed a decision holding that a call center employee with bipolar disorder proved that he was discharged “because of” his disability by establishing he was discharged for misconduct—i.e.,...more

California Supreme Court Limits Right to Jury Trial on Health Care Whistleblower Claims

by FordHarrison on

The California Supreme Court recently held that California Health and Safety Code section 1278.5(g), which protects health care workers and medical staff from discrimination and retaliation for reporting unsafe patient care...more

Employment News - April 2017 #2

by Hogan Lovells on

One for all – no need to prove the reason for group disadvantage for indirect discrimination claim - The Supreme Court in Essop v Home Office has allowed the claimants' appeal against the Court of Appeal's rejection of...more

“Your ugly face”: employer’s condescending, aggressive, hostile and profane behaviour in one meeting resulted in constructive...

by Dentons on

The Ontario Court of Appeal has upheld a 24-month damage award to a long-service nurse in a doctor’s office who believed that she had been fired during a hostile meeting with her employer....more

Maryland Court of Appeals Dismisses Former University Employee’s Claims for Access to Research Materials and Wrongful Termination...

by Ropes & Gray LLP on

In a noteworthy case involving an employed scientist’s allegations of wrongful termination for reporting research misconduct, the Maryland Court of Appeals in Yuan v. Johns Hopkins University refused to recognize the federal...more

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