News & Analysis as of

Human Resources Professionals Wrongful Termination

Poyner Spruill LLP

Employer Avoids Liability for Wrongful Discharge Despite Alleged Comparator Receiving Lesser Discipline

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It is often said that consistent application of an employer’s work rules is one of the best ways to avoid liability for discrimination claims.  Doing so can help to rebut the allegation that an individual has been subjected...more

Procopio, Cory, Hargreaves & Savitch LLP

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

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

Poyner Spruill LLP

Fourth Circuit Affirms Ruling In Favor of Employer in USERRA Case

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In a decision issued on May 10, 2022, the United States Court of Appeals for the Fourth Circuit affirmed summary judgment in favor of the employer in a case involving alleged wrongful termination in violation of the Uniformed...more

Bennett Jones LLP

Ontario Superior Court on the Enforceability of Termination Provisions in Employment Agreements

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A Question of Mixed Fact and Law - In a decision for which leave to appeal was denied by the Divisional Court, the Ontario Superior Court of Justice recently confirmed that a Rule 21 motion, seeking a determination of a...more

BCLP

HR Two Minute Monthly: COVID-19 automatically unfair dismissal; objective justification to discrimination arising from disability;...

BCLP on

COVID-19- automatic unfair dismissal for employee who remained in Italy during outbreak - A Tribunal has found, in the case of Montanaro v Lansafe Limited, that an employee who had travelled from the UK to Italy for the...more

Miller Canfield

6th Circuit Clarifies Opposition Clause of Title VII - Performance of Regular Job Duties as Protected Activity

Miller Canfield on

Title VII of the 1964 Civil Rights Act prohibits retaliation against employees because they either oppose discriminatory actions (the "Opposition Clause") or because of their participation in an investigation, proceeding, or...more

Bennett Jones LLP

Labour Arbitrator Upholds Employee Termination After Surreptitious Interference with Employer's Virtual File Storage

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In a recent labour arbitration decision, TELUS v United Steelworkers, Telecommunications Workers Union National Local 1944 (Heywood), Arbitrator Jolliffe, Q.C., upheld the termination of a long-service, unionized employee for...more

McDermott Will & Emery

COVID-19 Vaccine FAQs for Employers

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Yes, an employer can implement a mandatory COVID-19 vaccination policy, subject to some conditions and exceptions. A mandatory vaccine policy must be job-related, consistent with business necessity or justified by a direct...more

Sherman & Howard L.L.C.

When Investigations Go Wrong: Lessons From A California Court Of Appeal

Over the summer, a California court of appeal upheld a jury verdict in favor of a former senior VP who was discharged after his former employer had investigated and substantiated allegations of instructing subordinates to...more

Bennett Jones LLP

Ontario Employers Face Sweeping Implications for the Enforceability of Termination Clauses

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Ontario employers, already grappling with the challenges of managing employee costs during the COVID-19 pandemic, now face the burden of an Ontario Court of Appeal decision that could materially increase many employers'...more

Jackson Lewis P.C.

Appeals Court Vacates NLRB Decision, Rejects Credibility Findings

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The National Labor Relations Board (NLRB) incorrectly found an employee invoked Weingarten rights and misapplied the Wright Line burden-shifting framework in finding an employee was unlawfully terminated, the federal appeals...more

Adler Pollock & Sheehan P.C.

Marijuana in the Workplace

Many of our employer clients have contacted us with questions about new laws and court decisions on medical and recreational marijuana, and what it all means for business managers charged with hiring, managing, and...more

Butler Snow LLP

Hospital Not Liable For Retaliatory Discharge

Butler Snow LLP on

A recent decision by the Court of Appeals of Tennessee, in which the employer prevailed in a retaliatory discharge claim, demonstrates the importance of (1) maintaining confidentiality of workplace investigations and (2)...more

McAfee & Taft

Remarks and inconsistent stories fuel pregnancy discrimination claim

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An employer’s shifting rationale for termination doomed it to facing a jury trial on a pregnancy discrimination claim in the recent case Fassbender v. Correct Care Solutions....more

Foley & Lardner LLP

“Smoking Guns” and Unofficial Rules: A Reminder for Employers

Foley & Lardner LLP on

If you work in human resources, or are an executive or employment lawyer, at some point you probably have thought, heard or said words to the effect of “Juries are very unpredictable and can do some crazy things.” I admit...more

Sherman & Howard L.L.C.

Stuck in Cape Town Again

By creatively patching together scheduled days off, vacation days, and personal holidays, and then switching a shift, the plaintiff put together 21 days off. Unfortunately, he was still scheduled for one shift right in the...more

Sherman & Howard L.L.C.

HR Abdicates Control

The Second Circuit Court of Appeals recently taught employers what can happen when Human Resources abandons an investigation half-way through. In Vasquez v. Empress Ambulance Serv., Inc., No,. 15-3239-cv (2d Cir. Aug. 29,...more

Foley & Lardner LLP

Fired For My Firearm? I’ll Sue!

Foley & Lardner LLP on

As if employers already did not have enough reasons to have to think through termination decisions carefully, here is yet another “trigger” word that should make employers think twice about plans to discipline or fire an...more

McAfee & Taft

Lessons in dealing with an “equal opportunity” harasser

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A new opinion released by the Tenth Circuit provides practical tips to employers dealing with multiple employee complaints alleging generalized harassment and/or discrimination throughout the workplace....more

Akerman LLP - HR Defense

Reminder To HR Professionals: You Can Be Held Personally Liable For FMLA Violations

A recent decision offers a not-so-friendly reminder to HR professionals and supervisory employees: you can be individually liable for FMLA violations if you review, approve, and correspond with employees regarding their FMLA...more

BakerHostetler

Second Circuit Defines Test for Individual Liability Under the FMLA

BakerHostetler on

In Graziadio v. Culinary Institute of America, et al., 15-888-cv (2d. Cir. Mar. 17, 2016), the United States Court of Appeals for the Second Circuit reversed the district court’s grant of summary judgment in favor of the...more

Zelle  LLP

Employment Law Navigator – Week in Review: January 2016

Zelle LLP on

Last week, Cargill Meat Solutions terminated approximately 190 employees who failed to report to work for three consecutive days. The employees, who are Muslim, stayed away from work in protest over the meatpacking plant’s...more

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