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Hiring & Firing › Wrongful Termination › State Labor Laws

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 -
Bodman

Michigan Supreme Court Expands Retaliation Liability Under Michigan’s Civil Rights Act

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The Michigan Supreme Court’s recent ruling in the case of Miller v. Department of Corrections expands the scope of retaliation claims under the Elliott-Larsen Civil Rights Act (ELCRA). This decision could have important...more

BakerHostetler

New and Proposed New York and New York City Legislation

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The BakerHostetler Labor and Employment Practice Group keeps a close watch on new and upcoming employment and labor laws that could have a significant impact on our New York-based clients. This alert highlights just some of...more

Saiber LLC

New York State Senate Introduces New Wrongful Discharge Law

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On March 6, 2023, the New York State Senate introduced Senate Bill S05459, the Safeguarding Employees and Accountability for Termination (“SEAT”) Act, which, if enacted, will eliminate at-will employment in the State of New...more

Procopio, Cory, Hargreaves & Savitch LLP

[Event] Annual Labor & Employment Law Seminar - November 3rd, La Jolla, CA

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An event presented by Labor and Employment and Human Resource Professionals - Mark your calendars! You won’t want to miss Procopio’s annual Labor & Employment Seminar in La Jolla on November 3rd. As a dedicated...more

Bodman

Employers Beware! Michigan Supreme Court Clarifies and Expands Public-Policy Exception to At-Will Employment Presumption

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On July 15, 2022, the Michigan Supreme Court clarified and, arguably, expanded the public-policy exception to the well-established at-will employment presumption in Michigan. Although the case may conclude differently after...more

Proskauer - Law and the Workplace

Massachusetts Creates Exception to At-Will Employment for Employees Exercising the “Right of Rebuttal”

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On December 17, 2021, the highest state court in Massachusetts held that an employer may not terminate an employee solely for exercising his right to file a rebuttal to be included in his personnel file....more

Littler

Pandemic-Born Rules: Nevada’s Newest Employment Laws

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In its 81st Session, the Nevada Legislature passed and Governor Sisolak signed into law approximately 140 pieces of new legislation, some of which affect employers. ...more

Littler

Montana Makes Significant Changes to State Employment Laws

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Montana Governor Greg Gianforte recently signed three bills that make significant changes to Montana’s Wrongful Discharge from Employment Act, Human Rights Act, and Wage Protection Act....more

Littler

Hold the Phone: Employees Can Bring Common-Law Wrongful Discharge Claims in Oregon for Seeking Legal Advice About Their Employment

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On March 3, 2021, in Rohrer v. Oswego Cove, LLC, the Oregon Court of Appeals reversed the lower court’s dismissal of an employee’s common-law wrongful discharge claim for seeking legal advice about her employment....more

Proskauer - California Employment Law

California Employment Law Notes - March 2021

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Trial Court Properly Dismissed Employee’s CFRA And Disability Discrimination Claims - Choochagi v. Barracuda Networks, Inc., 60 Cal. App. 5th 444 (2021) - George Choochagi worked as a technical support manager for...more

Proskauer - California Employment Law

California Employment Law Notes - November 2020

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Court Affirms $4.26 Million Jury Award For “Self-Published Defamation” - Tilkey v. Allstate Ins. Co., 2020 WL 6268474 (Cal. Ct. App. 2020) - Allstate terminated Michael Tilkey, a 30-year employee who sold life...more

Payne & Fears

Key California Employment Law Cases: October 2020

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Summary: Employers have a duty to investigate the accuracy of any criminal conviction report prior to terminating an employee on the basis of such information where there is evidence that the report may be incorrect.  ...more

Littler

Pennsylvania Supreme Court Expands Ability of Certain Employees to Bring Discrimination and Harassment Retaliation Claims under...

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On June 16, 2020, the Pennsylvania Supreme Court opened a new avenue for employees to file retaliation claims.  In a majority decision, the court held that the Pennsylvania Human Relations Act (PHRA) is not the only pathway...more

Fisher Phillips

Is COVID-19 A Disability Under Discrimination Law? The Next Wave of Workplace Lawsuits May Answer Question

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With an increasing number of employees being diagnosed with COVID-19 and requiring a leave of absence to recover from the virus, the question arises whether having COVID-19 renders an employee “disabled” as defined under the...more

Spilman Thomas & Battle, PLLC

Major Changes Coming to Employment Discrimination Claims in Virginia

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Governor Ralph Northam signed two bills that both go into law on July 1, 2020, and will drastically alter employment discrimination claims in Virginia. The Virginia Values Act ("VVA") (Senate Bill 868) makes sweeping...more

Payne & Fears

Key California Employment Law Cases: October 2019

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Ferra v. Loews Hollywood Hotel, LLC, 40 Cal. App. 5th 1239, 253 Cal. Rptr. 3d 798 (2019) - Summary:  Term “regular rate of compensation” for calculating meal or rest break premium payments is not synonymous with term...more

Payne & Fears

Key California Employment Law Cases: June 2019

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This month's key California employment law cases involve EEOC charges, disability discrimination, and meal breaks....more

Fisher Phillips

Massachusetts Employers, Non-Compete Reform is Here!—How is Your Organization Addressing It?

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One month into Massachusetts’ new non-competition law, employers throughout the Commonwealth are learning what many predicted from the beginning—there are a lot more questions than answers. As Fisher Phillips previously...more

Payne & Fears

Key California Employment Law Cases: September 2018

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This month's key California employment law cases are from the California Court of Appeals and The Court of Appeals for the Ninth Circuit. Sumner v. Simpson Univ., No. C077302, 2018 WL 4579765 (Cal. Ct. App. Sept. 25, 2018)...more

Foley & Lardner LLP

Be Careful When Firing an Employee Who Is Out On Workers’ Compensation

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Handling workers’ compensation claims can present a number of challenges, such as determining whether an injury is work-related and evaluating back-to-work accommodation requests. Another challenge arises when you consider...more

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