Termination

Easing the Time-frames: W.Va. Relaxes the Time in which Employer Must Pay Discharged Employees

by Richard Wallace | Spilman Thomas & Battle, PLLC on 5/16/2013

Because of recently-enacted changes to the West Virginia Wage Payment and Collection Act, West Virginia employers will have more time to pay final wages to discharged employees. Prior to this change, the Wage Payment and...more

International Dismissal Toolkit: Individual Employment Terminations and Reductions-in-Force Outside the United States

by Donald C. Dowling, Jr. | White & Case LLP on 5/16/2013

Firing an employee in the United States can be a challenge. Group firings—reductions in-force — can be an even bigger challenge. And from the point of view of a multinational headquartered in the United States, overseas...more

Receipt Of Pornographic Material Was Not Just Cause For Dismissal: Appeal Court

by Catherine P. Coulter | Dentons on 5/14/2013

In the 2001 case of McKinley v. B.C. Tel, the Supreme Court of Canada ruled that a contextual approach is required in order to determine whether there is just cause for termination of employment. A recent wrongful dismissal...more

Recent PAC Rulings Find University And Park District In Violation Of Open Meetings Act

by Amy Kosanovich Dickerson | Franczek Radelet P.C. on 5/8/2013

In a recent decision, the Public Access Counselor (PAC) ruled that Western Illinois University Board of Trustees violated the Open Meetings Act (OMA) when it voted to terminate a faculty member in closed session. According to...more

Off-Duty Pot Smoker Gets Rolled In New Court Of Appeals Case

by Sean Gallagher | Polsinelli on 5/8/2013

On April 25, 2013, the Colorado Court of Appeals held that the Colorado Lawful Activity statute does not prohibit an employer from terminating the employment of an employee for off-the-job use of medical marijuana. But one...more

Angry Confrontation Of Employee By A Manager Could Be Safety Issue: OLRB

by Adrian Miedema | Dentons on 5/7/2013

In what appears to be a departure from a growing line of cases, the Ontario Labour Relations Board has permitted an employee to advance her claim that the employer violated the Occupational Health and Safety Act when it fired...more

Employee’s Firing over Off-Duty Medical Marijuana Use Is Legal, Colorado Court Holds

by Erin Clarke, Leslie Eaton | Ballard Spahr LLP on 5/7/2013

The Colorado Court of Appeals recently held that an employee can be fired for testing positive for medical marijuana use, even though it occurred off the job, it was legal under state law, and the employee was never under the...more

Chinese Supreme Court Guidelines Make It Easier for Employers to Enforce Non-Compete Covenants

by Ron Cai, Victoria Ding | Davis Wright Tremaine LLP on 5/6/2013

On Jan. 18, 2013, the Supreme People’s Court of China promulgated Judicial Interpretation IV on Several Issues Concerning the Application of Law in Hearing Labor Dispute (the “Interpretation”). The Interpretation went into...more

Business Law Newsletter - May 2013

by Rachelle E. Hill, James V. Irving, Alecia Schmuhl | Bean, Kinney & Korman, PC on 5/6/2013

In This Issue: - Subpoenas: What Are They and What Do You Do If You or Your Business Receives One? - Sequestration and the Continuing Resolution’s Effect on Government Contracting - New I-9 Creates Risk...more

Workplace Policy Institute: Social Media Password Protection and Privacy — The Patchwork of State Laws and How It Affects...

by Philip Gordon, William Simmons, Amber Spataro | Littler on 5/3/2013

Introduction - Social media websites such as Facebook, Twitter, LinkedIn and others have become a part of daily life in the United States and abroad. The unavoidable reach of social media into our personal lives has...more

Termination For Failure To Admit Prior Drug Addiction Does Not Violate ADA

by David B. Weisenfeld | XpertHR - Partnered with LexisNexis on 5/2/2013

An employer that terminated an employee for concealing his prior drug addiction on a job application to be a security guard did not violate the Americans with Disabilities Act (ADA), the 3rd Circuit Court of Appeals has...more

Global HR Hot Topic - May 2013: Individual Employment Dismissal Obligations Outside the US

by Donald C. Dowling, Jr. | White & Case LLP on 5/2/2013

Challenge: Overseas, dismissing an individual employee gets complex and is heavily regulated. Dismissal mandates under foreign law tend to fall into three broad categories: dismissal procedures, pre-termination notice...more

Labor Letter, May 2013: After The Violence Come The Lawsuits

by Edward Boehm | Fisher & Phillips LLP on 5/2/2013

A lawsuit filed against a business in Minneapolis, Minnesota demonstrates that the problems associated with workplace violence do not necessarily end once the violence stops. Recently, the family of one of six individuals...more

Compliance Cop to Compliance Coach

by Jathan Janove | Ogletree, Deakins, Nash, Smoak & Stewart,... on 5/2/2013

In the previous two posts of this three-part series, I discussed the often hidden but real cost of continuing to employ problematic employees, and why this problem is so widespread. In this post, I’ll talk about how HR can...more

D’oh! Employment Law According to Homer Simpson

by Kelly Scott | Ervin Cohen & Jessup LLP on 4/30/2013

We have all lived in a highly regulated, pro-employee environment for years. Moreover, there is no hiding it; employers are bombarded by news about the hazards of having employees which illustrate the various pitfalls, often...more

Employment Law Lessons From Chicken And Rice

by Michael Schmidt | Cozen O'Connor on 4/29/2013

Let’s first dispense with the opening hook by asking: Was Rutgers University acting “chicken” when it (finally?) chose to fire Coach Mike Rice only after public outrage over events that took place last year? Whether or not...more

The "Employee Tricked Me Into Firing Her" Defense

by Michael Schmidt | Cozen O'Connor on 4/29/2013

The NLRB continues to issue decisions about whether an employer can lawfully terminate employees based on social media activity, and whether workplace policies violate the law protecting employees’ rights to engage in...more

Religious Garb Is Now Protected on the Job in California

by Mitchell | Gilleon Law Firm on 4/29/2013

Imane Boudlal filed suit in August against the Walt Disney Company, alleging religious discrimination because the company refused to allow her to wear a hijab, a Muslim head scarf, while at work. Ms. Boudlal, a naturalized...more

Does Partial Deafness Constitute a Disability Under the ADAAA? The Question Remains Unanswered

by Maria Greco Danaher | Ogletree, Deakins, Nash, Smoak & Stewart,... on 4/29/2013

A federal court in Pennsylvania recently dismissed a lawsuit filed by a female newspaper page designer who claimed that she was laid off because of her gender and her deafness in one ear. Mengel v. Reading Eagle Company, No....more

Bill Introduced in NJ Assembly to Limit Enforcement of Non-Compete and Non-Solicitation Agreements

by Wendy Klein | Cole Schotz on 4/26/2013

A bill introduced in the New Jersey Legislature on April 4, 2013, Assembly Bill 3970, seeks to prohibit enforcement of agreements restricting departing employees from competing, disclosing confidential information, or...more

Washington Supreme Court Limits Public Access to Hospital Privileging, Peer Review Documents

by Angela Galloway, Eric Stahl | Davis Wright Tremaine LLP on 4/26/2013

Public hospital districts may not disclose certain records created during closed-door meetings about hospital privileging decisions, the Washington Supreme Court recently held in Cornu-Labat v. Hospital Dist. No. 2 Grant...more

What is “At Will” Employment?

by Mitchell | Gilleon Law Firm on 4/25/2013

Barbara Casey has filed suit against Home Box Office Inc. (HBO), Stewart Productions LLC, and her former employer, the American Humane Association (AHA), alleging wrongful termination. Ms. Casey was a consultant with the AHA...more

Baptist Health South Florida Sued by EEOC for Disability Discrimination

by U.S. Equal Employment Opportunity Commission... on 4/24/2013

Physician With Epilepsy Denied a Reasonable Accommodation and Fired by Coral Gables Doctor's Hospital, Federal Agency Charged - MIAMI - Baptist Health South Florida, a Miami-based hospital system, violated federal law...more

Appellate Court: Tenured Teachers May be Terminated for “Disability” Without Violating CFEPA

by Daniel A. Schwartz | Pullman & Comley, LLC on 4/24/2013

The Connecticut Appellate Court yesterday released two notable employment law decisions. They won’t become “official” until April 30, 2013, so you have some time to digest them. I’ll cover one today and leave the other for a...more

Navigating through the Challenging German Employment Law Framework for Japanese Companies Doing Business in Germany

by Lutz Hoheisel | Orrick, Herrington & Sutcliffe LLP on 4/23/2013

In This Presentation: 1. Employment law in Germany – General facts 2. The Employee 3. Overview on German social security system 4. Dismissal of employees 5. Managerial authority 6. Modification of...more

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