Termination

News & Analysis as of

Employee who forged 16 sick notes, then tried to blame her manager, was fired for cause

A Canada Revenue Agency employee who forged signatures on 16 sick notes was fired for cause, a federal adjudicator has decided. The employee had a problem with absenteeism and started missing work without calling in. The...more

Opposing Employer Actions Directed at General Public Not Protected Activity

Seyfarth Synopsis: An employee who expresses opposition to an employer’s policies and practices that affect members of the general public is not engaging in an activity that FEHA protects, because the activity is not opposing...more

“No Show, No Call” No Unemployment Benefits? Well, Maybe . . . Making Job Abandonment Stick in New Jersey

We get this and similar questions from employers often, “Our policy states that if an employee does not show up for work or call in for three days it is deemed job abandonment. We make sure they have the policy and...more

Should there be a distinct test for family status discrimination? Human Rights Tribunal of Ontario says no

The test for demonstrating prima facie family status discrimination has received a great deal of attention over the last few years. It was initially thought that the family status test set out in Johnstone1 (the “Johnstone...more

Minimize the Legal Risks of Layoffs by Careful Consideration of Federal Layoff Laws

Layoff decisions can be difficult for employers for a number of reasons and it is important for any business to be fully informed when making such decisions. When a company makes a determination that layoffs are necessary,...more

After being told that she should just “quit” if she felt unsafe, dismissed employee awarded $15,000 in damages

A charity has been ordered to pay a dismissed employee $15,000 in damages after dismissing her shortly after she had raised safety issues, in violation of the Occupational Health and Safety Act. The charity ran retail...more

What’s an “Implied” Request for an ADA Reasonable Accommodation?

Seyfarth Synopsis: A divided panel of the Eighth Circuit recently decided that an employer may be required to assume or infer from the circumstances that an employee is seeking a reasonable accommodation – even when no...more

E.D. Pennsylvania Limits Protected Activity Under SOX

In Westawski v. Merck & Co., No. 14-cv-3239 (E.D. Pa. Oct. 18, 2016), the Eastern District of Pennsylvania granted Defendant Merck & Co. (Company) summary judgment on Plaintiff Joni Westawski’s (Plaintiff) SOX whistleblower...more

Terminating the walking dead employee: What would Negan do?

Like many of you, I am still reeling from the brutal season opener of The Walking Dead. Looking at the episode through the lens of an employment lawyer, a few thoughts came to mind: first, Negan’s managerial style is a tad...more

Extended Leave Under the ADA: Necessary Next Steps to Consider

Earlier this summer, I wrote an article for the July issue of our firm's L&E Newsletter, surveying cases on when an employee's request for extended medical leave is, and is not, a reasonable accommodation under the ADA. As...more

Employee fired while on FMLA leave: Why it was OK

Don’t get me wrong: Firing an employee while they are on a Family and Medical Leave Act (FMLA) absence is dicey. But, as a recent federal appeals court decision that covers Oklahoma employers demonstrates, there are...more

Granite Mesa Health Center Sued By EEOC for Disability Discrimination and Retaliation

Nursing Home Fired a Certified Nurse Assistant When He Disclosed He Was HIV-Positive, Federal Agency Charged - AUSTIN, Texas - A nursing home violated federal law by discharging an employee who hesitated when ordered to...more

Whistleblower’s Attorney’s Communications with Regulators Found to be Protected by Work Product Doctrine

A California Magistrate Judge in BofI Federal Bank v. Erhart ruled that a whistleblower’s attorney’s communications sent to federal regulators were protected by the attorney work product doctrine. No. 15-cv-2353 (S.D. Cal....more

SDNY Refuses to Dismiss Executive’s Dodd-Frank Retaliation Claim

On August 24, 2016, the Southern District of New York denied Defendants’ motion to dismiss a Dodd-Frank whistleblower retaliation claim brought by its former co-CEO and Executive Chairman of its Board of Directors, finding...more

Pa. Superior Court Affirms Punitive Damage Award in Breach of Noncompetition Agreement

The Pennsylvania Superior Court has affirmed a lower court ruling that assesses punitive damages against several individuals and their new employer resulting from their en masse departure from a previous firm and, in the...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

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

Persistent “sexual annoyance” of five female coworkers gets employee fired for cause, despite late reporting of incidents

A shelter support worker’s persistent pattern of sexual comments to five female coworkers justified his dismissal for cause, despite the coworkers’ failure to promptly report the incidents, a labour arbitrator has decided....more

Employers Beware of the Cat's Paw

The cat scratches again! Five years ago, the United States Supreme Court handed down Staub v. Proctor Hospital, wherein it held that an employer may be liable for a supervisor's discriminatory animus when the independent...more

Can you dismiss an employee if they have allegedly committed a criminal offence?

An American football team, the San Francisco 49ers, has dismissed its player Bruce Miller following his arrest on suspicion of assault after an altercation about a hotel room. Although both an American and sports related...more

Sweet Justice! Dismissal of Bully's FMLA Claim Proves Employers Can Safely Terminate an Employee on the Heels of FMLA Leave

I hate bullies. Back in 4th grade, Sister Mary Demetria, OSF, told us that “hating” someone was a sin. I’m convinced Sister never met a bully. Forgive me, Father, for I have sinned. Cause, you see, whenever I...more

SFI of Tennessee to Pay $210,000 To Settle EEOC Race Discrimination Lawsuit

Steel Fabricator Fired Three Black Employees Because of Their Race, Federal Agency Charged - MEMPHIS, Tenn. - SFI of Tennessee, LLC, a fabricator and supplier of heavy-gauge steel and value-added products, has agreed to...more

Bend Don’t Break: The EEOC Says Inflexible Attendance Policies Violate the ADA

In managing employee attendance, be careful about policies that suggest automatic termination after a certain number of absences as the Equal Employment Opportunity Commission (EEOC) believes such policies violate the...more

Seventh Circuit to Plaintiffs: Here's Your Burden of Proof

Most employees who file employment discrimination claims hope for one of two things – a really sympathetic jury or an employer that is willing to generously settle the lawsuit to avoid the risks and uncertainties of trial. ...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

1,067 Results
|
View per page
Page: of 43
JD Supra Readers' Choice 2016 Awards

"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*

*By using the service, you signify your acceptance of JD Supra's Privacy Policy.

Already signed up? Log in here

*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.
×