We have all lived in a highly regulated, pro-employee environment for years. Moreover, there is no hiding it; employers are bombarded by news about the hazards of having employees which illustrate the various pitfalls, often...more
In order to avoid having to dedicate time and money to an employment lawsuit down the line, it is extremely important for employers to clearly define the expectations they have for employees. Also, even small business...more
California state courts see an average of ten to twenty employment lawsuits filed every day. Discrimination and wrongful termination claims are still quite prevalent in those filings. The recent California Supreme Court case...more
In Griggsville-Perry Community Unit School District No. 4 v. Illinois Educational Labor Relations Board, the Illinois Supreme Court recently reaffirmed the significant deference given to arbitration awards arising out of...more
Anyone who has worked in construction or engaged in a handiwork hobby knows the adage: measure twice and cut once. This alert is the first of three in a series aimed at equipping employers to take proactive steps (i.e.,...more
According to the Equal Employment Opportunity Commission (EEOC), retaliation claims rose again in fiscal year 2012, the sixth year in a row. Given the costly and time-consuming nature of an EEOC investigation and lawsuit,...more
In October 2011, the California Fair Employment and Housing Commission (FEHC) proposed amended regulations governing disability discrimination, reasonable accommodation, and the interactive process under the California Fair...more
Now that the Christmas rush is over and you’ve indulged in all the excesses of the holiday season, it’s time to make your annual New Year’s resolutions. We’re not talking about resolving to lose 15 pounds or be nicer to your...more
As a labor and employment attorney, I spend a significant amount of time counseling employers as they prepare to terminate an employee. Often enough, the situation goes something like this:...more
The Tenth Circuit Court of Appeals, in Brown v. ScriptPro, LLC, 2012 U.S. App. LEXIS 24364 (Nov. 27, 2012), recently clarified that discharging an employee within two days of a request for medical leave does not by itself...more
The Family and Medical Leave Act (FMLA) continues to create administrative challenges for employers. One particular issue of concern is the discipline and/or termination of an employee who has requested or is on FMLA leave....more
For federal government contractors, agencies’ past performance evaluations are important. A favorable evaluation can result in a stronger customer relationship, an enhanced reputation, and a better chance of winning future...more
In Gschwind v. Heiden, the Seventh Circuit Court of Appeals found that the dismissal of a teacher’s suit against a school district for retaliation for exercising free speech rights involved a matter of public concern and,...more
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