Reinstatement

News & Analysis as of

Whistleblower Reinstatement Highlights Need for Companies to Keep Detailed Files on Personnel

In 2012, a jury ruled that Bayer Corporation had unlawfully terminated one of its sales representatives, Mike Townsend, because he alerted the Arkansas Attorney General to incidents of physicians overbilling Medicaid for the...more

The NLRB Reinstates Liar

In its seemingly unending quest to reverse long-settled employer defenses, the National Labor Relations Board (“NLRB” or “Board”) has instructed an Administrative Law Judge to reconsider his decision denying reinstatement to...more

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

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

Is Your Company Prepared for the Changes to CFRA Leave?

The changes to employees’ rights to take leave under the California Family Rights Act (CFRA) go into effect July 1, 2015. Your company should be prepared only if it has done the following (...). The amended CFRA...more

When Reviewing a Reinstatement Decision by an Arbitrator, Consider Over a Dozen Factors

If you like getting lost on roads with your head spinning on which way to go, this is your post. (Everyone else, well, try to keep up.) I recap a case for companies with unions to pay attention to....more

California Supreme Court Reaffirms High Bar for Reversal of Arbitration Decision

Avery Richey v. AutoNation, Inc., et al. - Supreme Court of California (January 29, 2015) - Generally, courts cannot review arbitration awards for errors of fact or law, except as provided for under limited...more

Former Employees Behaving Badly

Commonly, dismissed employees behave badly post-dismissal. Not only does bad behaviour post-dismissal often confirm an employer's difficult decision to terminate the employee's employment, it can also be used to defend an...more

Reinstatement Available as a Remedy Nearly Ten Years After Last Day Worked

Although reinstatement in the Human Rights context is considered a unique and uncommon remedy, the Ontario Divisional Court recently refused an application for judicial review of a decision of the Ontario Human Rights...more

School Board Taught a Costly Lesson: Court Upholds Reinstatement with 10 Years of Back Pay

Ms. Fair was employed by the Hamilton-Wentworth District School Board (the “Board”) from 1988 to 2004, when her employment was terminated. During her employment, Ms. Fair had developed a psychiatric disorder, namely,...more

Another Hefty OSHA Whistleblower Award + Reinstatement

On September 26, 2014, OSHA issued a preliminary order that an Illinois employer, Stericycle Inc. (the Company), reinstate and pay $262,000 to a supervisor who was discharged after allegedly reporting safety concerns to...more

Another Hefty OSHA Whistleblower Award + Reinstatement

On September 26, 2014, OSHA issued a preliminary order that an Illinois employer, Stericycle Inc. (the Company), reinstate and pay $262,000 to a supervisor who was discharged after allegedly reporting safety concerns to...more

Health Law Wire: OMIG Outlines Exclusions/Reinstatement Procedures (9/14)

On September 29th, the Office of the Medicaid Inspector General (OMIG) conducted a webinar entitled, “The OMIG Exclusion and Reinstatement Process.” The webinar provided valuable information on what practices could result in...more

Governor Signs Bill Narrowing Grounds For Business Entity Reinstatement

Over the years, I’ve received several calls asking what can be done when a business entity has been wrongfully terminated. Answering this question became a bit easier in 2006 with the enactment of AB 2588 (Runner) which...more

Move Over EEOC: Time for an NLRB Benchslap

Over the last few weeks we have blogged on a number of judicial decisions chastising the EEOC (Another Approaching Benchslap for EEOC?, EEOC Benchslaps Just Keep Coming and The EEOC Hits Just Keep Coming!). Today we shift our...more

FMLA Leave – Follow Up on Expected Return to Work

An employee who returns to work at the end of FMLA leave may be entitled to reinstatement, even if the employer wasn’t expecting her. In Gienapp v. Harbor Crest, No. 14-1053 (7th Cir., June 24, 2014), the employee requested...more

Connecticut Holds that When a Lapsed Policy is Reinstated, Coverage is Only Restored Prospectively

In a case of first impression in the Nutmeg State, an intermediate level court in Connecticut recently held that reinstatement of coverage after a lapse for non-payment of premiums does not operate to restore coverage...more

Shouting Profanities at Your Boss: Protected Concerted Conduct According to NLRB

The National Labor Relations Board (NLRB) recently held, in a 2-1 decision, that an employee who shouted profanities at his boss did not lose the protection of the National Labor Relations Act (NLRA) and required the employer...more

Don’t Forget Your Employees On Leave

Do you have an employee on long-term leave with a right to reinstatement? Is your business being acquired or bought out? Make sure you keep the employee in mind!...more

Updated Procedures For Reinstating Tax-Exempt Status: IRS Issues Revenue Procedure 2014-11

In This Issue: - What You Need to Know - Methods to Reinstate Tax-Exempt Status Smaller Organizations Applying Within 15 Months of Revocation Date - Organizations Not Eligible for the Streamlined Process Applying...more

IRS Introduces New Procedures for Reinstatement of Tax-Exempt Status

Tax-exempt organizations that have had their tax-exempt status automatically revoked because of failure to file required annual returns for three consecutive years can follow new procedures for seeking reinstatement of their...more

Virginia District Court Opens Door To Front Pay For SOX Whistleblowers

In a SOX whistleblower case of first impression, the U.S. District Court for the Eastern District of Virginia ruled that front pay may be ordered in lieu of reinstatement. However, the court ultimately determined that front...more

Sixth Circuit Rejects Claim for Reinstatement of Erroneous Benefit Payments to Ineligible Retiree

In Adams v. General Motors Company (Case No. 12-2084), the Sixth Circuit rejected an ineligible retiree’s claim for reinstatement of erroneous benefit payments under her former employer’s pension plan. The retiree received...more

Returning military reservist allowed to invoke USERRA “escalator principle” for failure to reinstate into higher-level job

The federal First Circuit Court of Appeals in Rivera-Melendez v. Pfizer considered a returning veteran’s claim that Pfizer violated the “escalator principle” that is a unique element of the federal Uniformed Services...more

Company not required to reinstate temporary employee after FMLA leave of absence where temp agency did not request that employee...

In Cuellar v. Keppel Amfels LLC, the Fifth Circuit Court of Appeals addressed the relatively novel issue of whether a company has an obligation to reinstate a temporary employee returning from FMLA-covered leave. Jessica...more

OSHA Issues Another $1 Million+ Whistleblower Award, Along With Reinstatement

On November 13, 2013, OSHA issued a press release stating that it ordered Gaines Motor Lines (the “Company”) to pay a total of $1,070,123 four whistleblowers, along with reinstatement. The press release indicates that...more

49 Results
|
View per page
Page: of 2

"My best business intelligence, in one easy email…"

Your first step to building a free, personalized, morning email brief covering pertinent authors and topics on JD Supra:

Sign up to create your digest using LinkedIn*

*With LinkedIn, you don't need to create a separate login to manage your free JD Supra account, and we can make suggestions based on your needs and interests. We will not post anything on LinkedIn in your name. Or, sign up using your email address.
×