What is at will employment law?
The Supreme Court recently clarified the standard for victims alleging retaliation in federal court in University of Texas Southwestern Medical Center v. Nassar. The burden is on the plaintiff to show that the alleged...more
On November 18, 2013, The National Labor Relations Board (NLRB) Office of the General Counsel (OGC) announced that it has authorized complaints against Wal-Mart for unlawfully retaliating against its employees who engaged in...more
Sandra Wallace, Partner and Employment group head, highlights the most important legislative and case law developments from 2013 and identifies the key cases to watch out for in 2014. ...more
As this blog illustrated recently, sentiments posted on Facebook, if sufficiently vulgar or offensive, can cause a person to lose his job.
The Seventh Circuit recently issued a decision analyzing whether a profane and...more
A trial court dismissed a lawsuit by a former employee against an employer who fired him after he requested leave to donate a kidney to his physically disabled sister. A court of appeal held that the trial court erred in...more
With dynamic soaring towers, elaborate bright lights, and heart warming traditional customs, Hong Kong’s enigmatic economic and business climate serves as a financial capital for all industries, companies, and firms. Indeed,...more
Phoenix Business law firm Jaburg Wilk's employment law attorney Kraig Marton discusses at will employment, various types of employment cases, types of discrimination and how employment cases are assessed....more
I blogged recently about an ERISA case involving an executive severance plan where the executive sued claiming that his employment termination was effective before the first anniversary of a change in control, thereby...more
In Ostrowski v. Con-way Freight, Inc., No. 12-3800, 2013 WL 5814131 (3d Cir. Oct. 30, 2013), the U.S. Court of Appeals for the Third Circuit affirmed that an employer may discharge a driver sales representative ("DSR") who...more
Could an employee be fired by his employer for actions he claimed were done in self-defense? In Leeds v. BAE Systems, No. 2012-599 (November 5, 2013), the New Hampshire Supreme Court found that he could where the employee’s...more
In early November, an administrative law judge of the National Labor Relations Board dismissed a complaint filed against an employer, finding that the employer did not violate the National Labor Relations Act by withdrawing...more
Though the First Amendment affords greater free speech protections for government employees relative to those in the private sector, the speakers do not have carte blanche to insult or deride whomever they see fit. Rather,...more
It is not uncommon for employers to have executive severance plans that pay substantial severance if an executive loses employment in connection with a change in control. In a recent federal district court decision, a former...more
The U.S. District Court for the Northern District of Illinois recently ruled that a retaliation claim survived summary judgment because of the “convincing mosaic” of evidence of retaliation the Plaintiff presented,...more
Despite twenty states allowing the use of medicinal marijuana and two more – Colorado and Washington – allowing recreational marijuana use, employers remain unaffected. Courts consistently find that employers may terminate...more
California employers are well aware that legislators and regulators, both on the state and federal level, have been burning the candle at both ends to generate laws, regulations, and administrative actions designed to hedge...more
Most California employers know that an employee who is fired must be paid all of his or her wages, including accrued but unused vacation, immediately at the time of termination. Labor Code sections 201 and 227.3. However, I...more
In This Presentation:
- General Considerations
- Who is Your Client?
- Who Can Employ a Physician?
- Basic Issues in Employment Contracts
- The Buy-In: Becoming an Owner in a Medical Practice
Who, What, Why...
Who does it apply to: Any employer faced with letting an employee go. In this edition, I am taking a break from my regular format to pass on advice about handling terminations. ...more
The New York Court of Appeals recently ruled that the Office of the Medicaid Inspector General (OMIG) has discretion to exclude a physician from New York's medical assistance program (Medicaid) based solely on a consent order...more
The U.S. Court of Appeals for the Third Circuit has ruled that a freight transportation company did not violate the Americans with Disabilities Act (ADA) and other antidiscrimination laws when it fired an alcoholic employee...more
San Bernardino County recently decided to pay a former deputy, Travis Bauer, $885,000 to settle a lawsuit in which Bauer claimed that the county sheriff's department fired him in violation of the Family and Medical Leave Act...more
With so much uncertainty in the economy and in the job market today, it’s rare that employees take their employment status for granted. No one wants to be put out of work, but it surprises many to learn that the California...more
Seattle employers are about to become much more restricted in their ability to inquire into or act upon the criminal records of applicants and employees. On November 1st, the Seattle Job Assistance Ordinance, SMC 14.17, takes...more
A Pennsylvania man lost his job in September 2012 and is now without unemployment compensation. Why? He called his boss a "clown."...more