Termination

News & Analysis as of

Washington Court of Appeals Expands "Jeopardy" Element of Claim for Wrongful Discharge in Violation of Public Policy

This month the Washington State Court of Appeals, Division III issued a ruling in Becker v. Community Health Systems, Inc. that expands protections in a wrongful termination action based on violation of a public policy....more

Car Dealership Employee Fired After Complaining About Fraudulent Warranty Claims May Sue For Wrongful Termination in Violation of...

The Fourth District Court of Appeal recently held that a former car dealership employee’s allegation that he was terminated over his complaints of fraudulent warranty claims was sufficient to support a cause of action for...more

California About to Make Franchise Terminations Harder

A bill on the verge of becoming law in California will sharply narrow the grounds for termination of franchises in that state, and may require re-examination of the terms of franchise agreements. Existing California law bars...more

Think Before You “Snail Mail” Those FMLA Notices

When I conduct employment trainings, I often caution executives and managers to think before they email. In my experience, people tend to be more casual and to use poorer judgment when they email than when they write a memo...more

Food Lion Sued by EEOC for Religious Discrimination

Grocer Refused Accommodation for Jehovah's Witness's Worship Services, Federal Agency Charged - WINSTON SALEM, N.C. - Supermarket chain Food Lion, LLC violated federal law when it refused to provide a religious...more

EEOC Lawsuit Challenges Orion Energy Wellness Program and Related Firing of Employee

Steep Penalties for Not Participating Said to Make Program Involuntary and Violate Disabilities Act - MILWAUKEE -- Manitowoc, Wis.-based Orion Energy Systems violated federal law by requiring an employee to submit to...more

Warning Signs that Signal You Might be Terminated from Your Job [Video]

Phoenix business law firm Jaburg Wilk's Employment law attorney Kraig Marton talks about potential signs that may indicate termination. For more information visit www.jaburgwilk.com....more

Termination of Police Officer Whose ADHD Limits Ability to Get Along With Others Does Not Violate ADA, Ninth Circuit Says

In Weaving v. City of Hillsboro (--- F.3d ----, C.A.9 (Or.), August 15, 2014), the federal Ninth Circuit Court of Appeals was asked to decide whether, consistent with the Americans with Disabilities Act (“ADA”), the city...more

Lesser Known DOL Regulations: "Bona Fide" Terminations for H-1B Workers

Last week, we discussed whether you might be running a construction business. As I explained then, you have to look beyond the FLSA to comply with your wage and hour obligations, and that’s doubly true for employers who rely...more

West Virginia Supreme Court Upholds the Enforceability of Employer's Alternative Dispute Resolution Program

Employers in West Virginia who want to avoid litigating employment disputes in the courts received a significant victory. The West Virginia Supreme Court recently upheld a company's alternative dispute resolution (ADR)...more

The GPMemorandum, Issue 182

In This Issue: - Supreme Court Holds Company Can Sue Competitor For Unfair Competition Even If It Complies With FDA Labeling Regulations: In an 8-0 decision announced on June 12, 2014, the Supreme Court held...more

Quirky Question # 238, No Laughing Matter – Company Found Liable for Wrongfully Terminating Independent Contractor’s Agreement

Question: My company relies on independent contractors, over whom we don’t exert control. They often joke around with each other. I’m not liable for employment discrimination if I terminate one of them after they...more

NLRA Violation for Refusal to Allow Union Representation Prior to Drug Test

The National Labor Relations Board (NLRB or Board) recently held that an employer violated the National Labor Relations Act (NLRA) when it discharged an employee who refused to take a drug test without first consulting with...more

Can Market Basket Fire Its Employees?

NASHUA – With some Market Basket employees putting their jobs on the line this week to demonstrate in favor of ousted CEO Arthur T. Demoulas, legal experts in New Hampshire and Massachusetts say federal labor laws might offer...more

No Laughing Matter: Company Found Liable for Wrongfully Terminating Independent Contractor’s Agreement after a Complaint about a...

Companies using independent contractors should be aware of increased enforcement efforts from federal and state labor and tax authorities over misclassification of workers under wage and hour and tax laws. In Washington, this...more

Tenth Circuit Addresses Circuit Split Regarding Accrual of Constructive Discharge Claims

On July 28, 2014, the Tenth Circuit joined the Seventh and D.C. Circuits in holding that some discriminatory act leading to an employee's constructive discharge claim must have occurred within the limitations period. The...more

Termination of a Third Party or Breaking Up Should Not Be Hard To Do

One of treats each month for the compliance professional is reading the GRC Illustrated column by Carole Switzer, President of the Open Compliance and Ethics Group (OCEG), in the Compliance Week magazine. Not only does...more

Fourth Circuit Says University President has Broad Authority to Require Medical Examinations Under ADA

The Americans with Disabilities Act prohibits employers from requiring employees to submit to medical examinations in the absence of business necessity. In an unpublished decision released last month, the Fourth Circuit Court...more

Sixth Circuit Voids FLSA Collective Action Waiver Signed as Part of Separation and Release Agreement in Killion v. KeHE...

On July 30, 2014, the Sixth Circuit Court of Appeals invalidated a collective action waiver signed as part of a separation and release agreement. The ruling is significant because it is the first time a federal appellate...more

NJ Appellate Courts Permit Employers to Shorten Statute of Limitations Period Through Employment Applications

A New Jersey Appellate Court recently held that a provision in an employment application shortening the statute of limitation from two years to six months was enforceable under New Jersey law. As a result, the employee’s...more

Long-Term Employee Ineligible for UC Benefits for Violating Workplace Conduct Policies

After nearly 21 years of employment, a full-time clerk with Turkey Hill lost her job for engaging in several instances of bad behavior within a short period of time. The employee initially received a verbal counseling from...more

Now This is a Headache! Employee Terminated for Migraine Headaches Can Advance FMLA Claim

In the cold, sadistic world that is the FMLA, the Department of Labor tells us that ordinary, run-of-the-mill headaches (a/k/a “non-migraine” headaches) are not covered by the FMLA. Migraine headaches, on the other hand, are...more

California Family Rights Act Interference Claims Proceed

Moore v. Century Gaming Management, Inc., No. B249978 (June 4, 2014): The California Court of Appeal recently ruled in an employee’s favor in a suit in which she claimed that her employer interfered with her rights under the...more

Conscious Uncoupling: What To Consider Before Dismissing A Senior Executive

While it may be best employment practice to dismiss an employee by identifying a fair reason and following a fair (and sometimes protracted) process, this may not make commercial sense when it comes to terminating a senior...more

No Coach Necessary for Potty-Mouth Employee

As we have recently noted, and as many employers have probably bemoaned a time or two, sometimes it feels like the legal concept of “reasonable accommodation” has little to do with real-world notions of what is reasonable,...more

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