News & Analysis as of

Termination

Before You Fire That Political Extremist . . .

If you’re a private sector employer, you can generally fire an at-will employee for his or her political beliefs or expression. The First Amendment, as we discussed last week, does not limit you. Depending on where you are,...more

Employee’s Facebook Post Crossed the Line

by Saul Ewing LLP on

Last week, the Third Circuit denied a Pennsylvania-plaintiff’s application to have her retaliation claim against her former employer reinstated. The plaintiff, Mindy Caplan, a former district manager for the retail chain...more

Yes, Neo-Nazis At Charlottesville Can Be Legally Fired From their Jobs

by Fox Rothschild LLP on

First, let us start by saying that we are saddened by the tragic and violent events that occurred in Charlottesville over the weekend. Our hearts go out to the families and friends of Heather Heyer, Lt. H. Jay Cullen, and...more

Beyond "You're Fired": Key Points for Executing Terminations

by Baker Donelson on

"You're fired!" has been a catchy phrase during the Trump era. If that phrase amounts to your plan for an upcoming termination meeting, however, you are in trouble. Much of the risk analysis and decision-making process for...more

Q And A On The Recent Controversy

On the recent uproar involving a major, major employer and its recently-terminated employee: No. 1. Is it a good idea to provide an “open forum” to employees if there are certain topics that are off limits? No. If you want...more

Employer Beware: Bad “Optics” Create Hostile Work Environment?

Yesterday, I posted about a disability discrimination case that the employer did not really screw up. Even so, a few less-than-optimal moves resulted in an adverse jury verdict that was upheld on appeal. In Chapter 2 of...more

Key Personnel Departures: The Death Knell for Pending Federal Agency Proposals

by Jones Day on

In 2014, the U.S. Government Accountability Office ("GAO") sustained a protest by Paradigm Technologies, Inc., challenging the award of a contract to an offeror, where its proposed contract program manager (a key personnel...more

Employer Beware: When “Good” Isn’t Good Enough (Disability Bias)

Two court decisions came out last week that ought to scare the heck out of employers. Both involved employers who seem to have been aware of their legal obligations and tried to comply. The employers lost their cases...more

Seventh Circuit Holds Distressed County Did Not Violate ADEA When It Terminated Rehired Retirees to Preserve Supplemental Health...

by FordHarrison on

On July 26, 2017, the United States Court of Appeals for the Seventh Circuit in Carson v. Lake County, Indiana affirmed the district court’s order granting summary judgment to the employer on the plaintiffs’ Age...more

How Not to Fire: Lessons from President Trump for Employers.

Firing an employee does not usually make national headlines, but the recent firing of FBI Director James Comey by President Donald Trump was a notable exception. The headlines continued when President Trump appeared to offer...more

Long-term loss of earnings and whistleblowing

by Dentons on

In Small v. Shrewsbury and Telford Hospitals NHS Trust the Court of Appeal has held that where a claimant's employment has been terminated due to a protected disclosure the tribunal can award compensation for long-term loss...more

Second Circuit Lowers Causation Standard for Employees Alleging FMLA Violations

by BakerHostetler on

Last week, the Second Circuit joined the Third Circuit in lowering the causation standard in evaluating alleged Family and Medical Leave Act (FMLA) violations against employers. Under a lower “motivating factor” standard...more

Three Tips for Handling the Difficult Decision to Downsize

by Dentons on

In a perfect world, law firms would always continue to grow and there would never be a need to reduce attorney or staff head count. However, with the changing market for legal services, many law firms have been forced to...more

Good Faith Belief in Employee’s Wrongdoing Serves as Defense Against Retaliation Claim

by Nexsen Pruet, PLLC on

A recent Fourth Circuit Court of Appeals ruling may offer employers in North and South Carolina another defense against an employee’s retaliation claim: No liability for adverse action against an employee based on the...more

Second Circuit Applies More Lenient “Motivating Factor” Standard to Employee’s FMLA Retaliation Claim

by Saul Ewing LLP on

In an opinion issued July 19, the Second Circuit vacated a jury verdict in favor of the employer, ruling that the district court judge had instructed the jury to use an incorrect standard of proof under the Family and Medical...more

FMLA Leave Does Not Shield An Employee From Disciplinary Action Unrelated To The Leave

by Jackson Lewis P.C. on

The Court of Appeals of North Carolina recently held that an employer didn’t interfere with an employee’s rights under the Family Medical Leave Act (“FMLA”) or retaliate against her by contacting her to schedule her...more

Former Employees Can’t View Their Personnel Files

by Barley Snyder on

Employers now can be confident in denying requests from former employees to inspect their personnel file after a recent Pennsylvania Supreme Court holding. In a recent case, an employer denied a request from a former...more

Nurse’s Disability Discrimination Claims May Proceed To Trial, New Jersey Supreme Court Rules

by Jackson Lewis P.C. on

A registered nurse employed by a New Jersey health care system for approximately 10 years may proceed to a jury trial with her disability and perceived disability claims under the New Jersey Law Against Discrimination, the...more

Discharged Employee Not an “Employee” Under Personnel Files Act

The Pennsylvania Personnel Files Act (also known as the Inspection of Employment Records Law), grants employees in Pennsylvania, or their designated agents, the right to inspect certain portions of their personnel records....more

Documented Performance Issues And Inadequate Notice Of Need For Leave Sink Employee’s FMLA Claims

by Jackson Lewis P.C. on

Granting summary judgment to an employer on Family and Medical Leave Act claims asserted by a former employee, an Illinois district court held that: (1) the employee had failed to demonstrate his firing had any causal...more

M&T Bank Sued by EEOC for Disability Discrimination at Hudson City Savings Bank

Predecessor Bank Refused to Accommodate Bank Branch Employees' Disabilities and Put Them on Involuntary Leave, Federal Agency Charges - NEW YORK - The U.S. Equal Employment Opportunity Commission (EEOC) filed suit today...more

New Study Suggests Drug Use in Our Workforce is on the Rise ….How Can Employers Protect Themselves and Their Employees?

A recent study released by Quest Diagnostics reveals that drug use in the country’s workforce is on the rise. According to Quest’s analysis of more than ten million tests conducted in 2016, drug use among the combined US....more

Attorney Letter Terminating Engagement May Not Constitute “Documentary Evidence” to Support Dismissal of Malpractice Case

by Farrell Fritz, P.C. on

CPLR 3211(a)(1) provides for the dismissal of a claim so long as the defense is based upon “documentary evidence”. We’ve seen this used successfully in mortgage note cases, (e.g., Bronxville Knolls, Inc. v. Webster Town...more

Former Big League Pitcher Awarded More Than $1.5 Million For Wrongful Termination

by Jackson Lewis P.C. on

A New Jersey jury in the Superior Court of New Jersey for Camden County has awarded former Major League Baseball pitcher Mitchell Williams $1,565,333 in a wrongful termination action he filed against MLB Network, Inc....more

11th Circuit Reminds Employers: Proceed Cautiously When Terminating Employees Shortly After FMLA Leave

by Seyfarth Shaw LLP on

Seyfarth Synopsis: While employees who have recently taken leave may be terminated for legitimate reasons, establishing a non-retaliatory termination can be challenging. The timing of the termination alone can support...more

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