News & Analysis as of

Reinstatement

Fourth Circuit Says FMLA Allows Reinstatement to Equivalent Position Even If Original Job Remains

Employees taking leave under the Family and Medical Leave Act (FMLA) are entitled to be reinstated to their previous job or to an equivalent position. The equivalent position must be the substantially the same in terms of...more

Commonwealth Court Orders Teacher Reinstated When The School Board Fails To Strictly Comply With Statutory Procedures For...

by Tucker Arensberg, P.C. on

Vladimirsky v. School District of Philadelphia, 144 A.3d 986 (Pa. Commw. Ct. 2016). The Commonwealth Court held that a tenured teacher has a constitutionally protected interest in his (or her) employment and can only be...more

Court Upholds Reinstatement of Fired Facebook Ranter

Employers, what would you do if an employee made a post on Facebook that referred to his/her supervisor as a “nasty mother***er” and also stated “f**k [the supervisor] and [his/her] entire f***ing family?” It’s a no-brainer...more

Creditor-Friendly Changes to North Carolina’s Accord and Satisfaction Law

by Poyner Spruill LLP on

A creditor can now reinstate a disputed debt that has been inadvertently discharged. The North Carolina Legislature recently amended its accord and satisfaction law to include creditor-friendly revisions that make it...more

New OIG Exclusion Regulations About to Go into Effect

by McDermott Will & Emery on

The Office of Inspector General (OIG) recently published a final rule regarding its exclusion authorities. The final rule goes into effect March 21, 2017, and expands OIG’s authority to exclude certain individuals and...more

Smith & Nephew, Arthrex Settled Suture Anchor Patent Dispute Before Trial

On February 14, 2017, U.S. District Judge Michael Mosman of the United States District Court, District of Oregon granted a Joint Stipulated Motion for Dismissal with Prejudice submitted by Plaintiffs Smith & Nephew, Inc. and...more

Para não cair do Trump-olim - Parte I - Lidando com o Restabelecimento de Ordens de Deportação no governo Trump

by Gerald Nowotny on

Panorama - Três dias após a posse do novo presidente, ainda estou estupefato pelo fato de que "Donald" seja o novo chefe em comando. A realidade está lentamente sendo aceita e minha expectativa é de que o cenário de...more

Can You Trump This? Part I - Dealing with Reinstatement of Removal Orders in the Trump Administration

by Gerald Nowotny on

Three days after the presidential inauguration, I am still in a state of bewilderment that the “The Donald” is the new Commander and Chief. Reality is slowing setting in and my expectation is the immigration landscape will...more

Christmas party incident of sexual harassment leads to dismissal, then reinstatement, of firefighter

by Dentons on

A male firefighter who had been “drinking heavily” has won reinstatement to his job after being fired for sexually harassing a female coworker at the fire department’s Christmas party. The Christmas party was held at a...more

SDNY Awards Front Pay in Sarbanes-Oxley Whistleblower Retaliation Case

Perez v. Progenics Pharmaceuticals, Inc., involved a case where Plaintiff Perez drafted a memo to Progenics’ general counsel and his department head, accusing Progenics of committing fraud by publishing a false press release...more

NLRB Signs Off On Narrow Confidentiality Provision for Employee Reinstatement Agreements

by Littler on

In the recent case of S. Freeman & Sons, Inc., the National Labor Relations Board confronted the question of “whether an employer can require an employee to keep confidential the terms of a settlement agreement in exchange...more

Can Hillary Clinton Take FMLA Leave for Pneumonia? And Can Her Campaign Give Her the Boot Because She's a Key Employee?

by Franczek Radelet P.C. on

Disclaimer! Disclaimer! This is not a political post. But where current events meet the FMLA, I’m as giddy as a five-year old boy coming eye-to-eye with his first dump truck! Unless you’ve been living under a rock the...more

Tenth Circuit Decision Shows How Employers Can Deal with Performance Problems Discovered with Employees on Leave

Employees on approved Family and Medical Leave are entitled to reinstatement upon return to the same or an equivalent position. Commonly, when the employee is absent on leave, the employer discovers work performance issues...more

Arbitration Award Reinstating Teacher Charged With “Grooming” of Student Reversed by Court

by Tucker Arensberg, P.C. on

Cornwall – Lebanon School District v. Cornwall – Lebanon Education Association, Court of Common Pleas of Lebanon County, Pennsylvania No. 2015-01556 (April 21, 2016). Common Pleas Court vacates Arbitrator’s award reinstating...more

Bad Teacher Reinstated Because District Did Not Follow Proper Termination Procedures

by Tucker Arensberg, P.C. on

School Dist. of Philadelphia v. Jones, 139 A.3d 358 (Pa. Commw. Ct. 2016). In order to terminate a teacher, a school district must strictly follow procedural requirements under the Pennsylvania School Code. In Jones, a...more

Connecticut's Highest Court Reinstates State Employee Fired for Smoking Marijuana at Work

The Supreme Court of Connecticut recently held, by a unanimous decision, that termination was not the only appropriate disciplinary action for a public employee who had been caught smoking marijuana during working hours. In...more

Post-dismissal doctor’s report was relevant: disabled employee reinstated for further consideration of possible accommodation,...

by Dentons on

An employee whose medical condition had improved both before and after termination has been reinstated for further consideration of possible accommodations, after an arbitrator relied on a doctor’s assessment done after...more

Tenth Circuit Orders Truck Driver Who Abandoned Trailer on Interstate Highway to be Reinstated with Backpay

by Seyfarth Shaw LLP on

Seyfarth Synopsis: The Tenth Circuit held that a trucking company unlawfully retaliated against a truck driver after he abandoned a trailer on a public highway, finding that his actions constituted a protected refusal to...more

Taxpayer Suit Establishes that School Board Policies Have the Force of Law

by Franczek Radelet P.C. on

On July 20, 2016, the Illinois Appellate Court reversed the decision of the circuit court in Veazey v. Rich Township High School District 227, et al. and sent the case back to the circuit court with instruction that Mr....more

ADA Allows Employer to Reduce Employee to Part-Time Status After Return From Medical Leave

Here is a common human resource scenario: An employee goes out of work on medical leave. While she is away from work, the managers or co-workers who cover her duties discover that the work can be readily accomplished without...more

Fourth Circuit Says Failure to Advise Employee of Leave Reinstatement Interfered with FMLA Rights

The U.S. Supreme Court’s 2002 Ragsdale decision rejected Department of Labor regulations stating that failure to provide employees with notice of leave rights was a per se violation of the Family and Medical Leave Act....more

The Final Word? The Ontario Court of Appeal upholds an astounding 10 years of back pay and employee reinstatement

by Dentons on

Readers of this blog may recall reading in 2014 about the Ontario Divisional Court upholding the Ontario Human Rights Tribunal’s order for 10 years of back pay and employee reinstatement. The decision was reached in the case...more

NLRB Decision Threatens 75-Year-Old Precedent, Analyzes Employer’s Motive for Hiring Replacement Workers

On May 31, a divided National Labor Relations Board (NLRB) issued a very significant decision in American Baptist Homes of the West, increasing the impact of an employer’s motive in deciding whether the permanent replacement...more

“Can I have my job back?” – reinstatement and re-engagement in the employment tribunal

by Dentons on

In circumstances where an employment tribunal upholds an unfair dismissal claim, it is open to the tribunal to make an order for reinstatement or re-engagement. Reinstatement requires the employer to treat the employee...more

NYC Expands Scope of Displaced Building Service Workers Protection Act

by Proskauer Rose LLP on

Background - In 2002, Mayor Bloomberg signed the New York City Displaced Building Service Workers Protection Act ("DBSWPA" or "Act") into law. The DBSWPA significantly affects companies' labor and employment...more

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