News & Analysis as of September 21, 2024

Back Pay

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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 -

Arbeitsrecht KOMPAKT: Tactics for Dismissal Protection Proceedings

K&L Gates LLP on 4/13/2021

If an employer’s termination is deemed invalid in Germany, he will need to back-pay the remuneration since the presumed termination date. Considerable sums can accumulate in this regard. This risk is a key reason why many...more

EEOC Sues Black Forest Décor for Disability Discrimination

U.S. Equal Employment Opportunity Commission... on 9/28/2019

Home Décor Business Fired Warehouse Employee for Taking Unpaid Leave It Forced Her to Use, Federal Agency Charges - LOUIS - Black Forest Décor, LLC violated federal law when it forced a worker with a disability at its...more

Case Demonstrates Perils Of Refusing To Discuss Issues With Union

Proskauer - Labor Relations Update on 6/26/2017

A significant change in NLRB precedent during the last few years was the added requirement that an employer bargain over discretionary aspects of discipline in the period between the union acquiring representational rights...more

Tenth Circuit Orders Truck Driver Who Abandoned Trailer on Interstate Highway to be Reinstated with Backpay

Seyfarth Shaw LLP on 8/16/2016

Seyfarth Synopsis: The Tenth Circuit held that a trucking company unlawfully retaliated against a truck driver after he abandoned a trailer on a public highway, finding that his actions constituted a protected refusal to...more

Front Pay & Back Pay: How About No Pay?

Butler Weihmuller Katz Craig LLP on 8/4/2016

In Caterpillar Logistics Services, Inc. v. Amaya, 2016 WL 822020 (Fla. 3d DCA July 13th, 2016), Rudolph Amaya suffered an on-the-job injury to his back and knee while working at Caterpillar’s facility. Shortly thereafter,...more

D.C. District Court Examines an Employer’s Burden to Prove a Failure to Mitigate Damages in an Employment Discrimination Action

Mintz - Employment, Labor & Benefits... on 3/25/2016

As a general principle, an employee alleging employment discrimination has an affirmative obligation to mitigate his or her lost wages by making a good faith effort to secure alternative employment. The employer however,...more

EEOC Sues Dehaven’s Transfer & Storage, Inc. for Pregnancy Discrimination

U.S. Equal Employment Opportunity Commission... on 9/23/2015

Moving Company Fired Female Employee Because She Was Pregnant, Federal Agency Charges - DURHAM, N.C. - DeHaven's Transfer & Storage, Inc., a residential and commercial moving company, violated federal law when it fired a...more

Unfortunately, Offensive Racial Comments Don’t Always Get You Fired (At Least Under Labor Law)

Foley & Lardner LLP on 6/24/2015

Under the National Labor Relations Act, certain union activities are considered “protected.” That is, employees engaging in union activity, or union representatives carrying out their duties in the context of grievance...more

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Hiring & Firing › Wrongful Termination › Back Pay

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