News & Analysis as of

A PIP of a Discharge Claim

If you put an employee on a performance improvement plan (“PIP”), can he resign, sue on some theory or other, and collect damages as though he had been discharged? Two employees in Texas tried it. The employees contended that...more

Bernstein Shur’s Labor and Employment Practice Group Highlights Legal Issues to Watch in 2014

Happy New Year from your friends and advisors in Bernstein Shur’s Labor and Employment Practice Group. Usually, the new year comes with reviews of the past. At Bernstein Shur, we look forward to the future with a firm...more

Did An Employer Inflate Its Worker’s Performance Deficiencies as a Pretext for Disability Bias? Mass. Court Says Maybe

On November 4, 2013, in Akerson v. Pritzker, No. 12-10240-PBS, the U.S. District Court for the District of Massachusetts rejected the race discrimination and Equal Pay Act claims brought by a former employee of the U.S....more

Employment Law Reporter - August 2013: Don't have rules and policies unless you are prepared to discipline those who break them

In the immortal words of Stephen Covey, the genius who convinced us to micro-organize our lives into fifteen minute increments, "Effective leadership is putting first things first. Effective management is discipline, carrying...more

Employment Law Reporter – March 2013: Pregnant With Practical Possibilities

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

"Measure Twice" – Part 1: Hiring

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

California’s New Disability Regulations: Clarifying The Interactive Process

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

Utah Employment Law Letter - January 2013: Human Resources: This year I resolve to . . . really!

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

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