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Fourth Circuit Determines Whistleblower Termination Not Retaliatory Discharge Under Sarbanes-Oxley

The U.S. Fourth Circuit Court of Appeals ruled recently that an employee’s termination after reporting his company’s potential connection to export violations and insider trading did not amount to a retaliatory discharge...more

Fortunately, Sometimes Life is “Unfair”: Town of Greenwich v. Greenwich Municipal Employees Association and Reversal of an...

Lawyers like to believe that arbitration decisions concerning employee discipline should be made in accordance with the law and the applicable collective bargaining agreement, not solely by an arbitrator’s personal notions of...more

FMLA Leave – Follow Up on Expected Return to Work

An employee who returns to work at the end of FMLA leave may be entitled to reinstatement, even if the employer wasn’t expecting her. In Gienapp v. Harbor Crest, No. 14-1053 (7th Cir., June 24, 2014), the employee requested...more

EEOC Sues Wal-Mart for Disability Discrimination

Retailer Rescinded Accommodation, Then Fired Intellectually Disabled Employee, Federal Agency Charges - ROCKFORD, Ill. - The U.S. Equal Employment Opportunity Commission (EEOC) filed a lawsuit here yesterday against...more

Unauthorized Work Status Does Not Bar Discrimination Claims

In Salas v. Sierra Chemical Co., the California Supreme Court held that an undocumented worker who was wrongfully terminated in violation of the California Fair Employment and Housing Act (FEHA) may be awarded lost pay...more

California Supreme Court: "Illegal Immigrant Shouldn't Have Been Hired – But Can't Be Fired Illegally"

On June 26, 2014, the California Supreme Court decided that an employee may proceed with a discrimination lawsuit even though he presented false work authorization documents to obtain employment in the first place....more

America's Largest Drug Store Chain to Pay $180,000 to Settle EEOC Disability Discrimination Suit

South San Francisco Walgreens Fired Longtime Employee With Diabetes Over a $1.39 Bag of Chips, Federal Agency Charged - SAN FRANCISCO - Drugstore giant Walgreens has agreed to pay $180,000 to a longtime employee with...more

Gotta Pass the Smell Test, Too

A Florida court recently let a claim proceed under the Americans with Disabilities Act (“ADA”), even though the employee had been terminated for a positive drug test and the ADA has a specific exclusion for current drug...more

Supermarket Chain Takes $536,000 Hit for Bungling FMLA Request

A former employee of a Connecticut supermarket chain was recently awarded approximately $536,000 in a wrongful-termination suit filed after he was fired when he took time off for back surgery. A jury found the supermarket...more

Chapman University to Pay $75,000 to Settle EEOC Race Discrimination Suit

University Fired Black Professor After Being Denied Tenure Due to Race, Federal Agency Charged - SAN DIEGO - Chapman University, a private university in Orange, Calif., will pay $75,000 and furnish other relief to...more

Does an Employer Have an Obligation to Provide Accommodations to Pregnant Employees? Don't Follow This Employer's Lead

Ena Wages served as a property manager for one of several apartment complexes owned by Stuart Management Corp. She began her employment on November 17, 2008, and this is significant under the FMLA because nearly one year...more

Terminations in the Workplace: Practical Tips for Reducing Employer Liability

“You’re FIRED!” Donald Trump makes it look easy on his reality television show, The Apprentice, but savvy employers understand that workplace terminations must be carefully planned and executed to reduce the potential for...more

Under the FLSA, the NLRB Says Even "Non-Concerted" Activity Can Be Concerted

My colleagues and I have noted repeatedly over the past couple of years that the National Labor Relations Board takes a very expansive view of the National Labor Relations Act, even (and perhaps especially) when the case does...more

EEOC Sues Wisconsin Plastics for Discrimination Against Hmong and Hispanic Employees

Workers Fired for Lacking English Skills They Did Not Need, Federal Agency Charges - GREEN BAY, Wis. - Wisconsin Plastics, Inc. (WPI), a metal and plastic products manufacturer based in Green Bay, violated federal law...more

Quirky Question #229, The Not-Clear-Cut Case for Canning a Cussing Worker

I’m the owner of a small record store. I have 13 sales clerks and 4 back room employees. Things aren’t great these days – but we get by. Fortunately, while people listen to music on their phones and the internet way more than...more

50 For 50: Five Decades Of The Most Important Discrimination Law Developments - Number 23: After-Acquired Evidence

“You did what? If I Hadn’t Already Fired You, I’d Fire You Now!” What if? This is the question that has followed Title VII since its inception: how do you apply this revolutionary (yet seemingly straightforward) prohibition...more

Unlawful Policy = Unlawful Termination? The NLRB’s Latest Pronouncement

The NLRB recently issued its decision in Flex Frac Logistics, LLC, Case 16-CA-02978, which the NLRB had remanded to the administrative law judge (“ALJ”) for further analysis after finding that the employer maintained an...more

Illinois Supreme Court Agrees to Clarify Proof Standards in Wrongful Termination Cases

In the closing days of its May term, the Illinois Supreme Court agreed to clarify a fundamental issue for the employment bar: what are the parties’ respective burdens of proof in a case for wrongful termination?...more

Employer Can Be Liable for Negligently Terminating an Employee Based on Co-Worker’s Discriminatory Conduct

On May 23, 2013, the U.S. Court of Appeals for the First Circuit held in Velazquez-Perez v. Developers Diversified Realty Corp. that an employer may be liable under Title VII for negligently terminating an employee. Although...more

Hiring & Firing: What Does a Successful Separation Agreement Between Employer & Employee Look Like?

In light of recent lawsuits by the EEOC against companies with overly broad or misleading severance agreements, we asked our contributors: What exactly is a successful separation agreement between employer and employee?...more

North Carolina Court Allows Emotional Distress Damages for Wrongful Discharge Claim

North Carolina courts recognize a limited exception to the normal employment at-will doctrine. If an employee is terminated for reasons that violate state public policy, the plaintiff may pursue a common law tort claim to...more

Friedman: Abramson Dismissal a 'Teachable Moment' for Companies  [Video]

May 27, 2014 (Mimesis Law) -- Gary Friedman, partner in Weil, Gotshal & Manges LLP's National Employment Litigation group, talks with Lee Pacchia about the recent firing of New York Times Executive Editor Jill Abramson. The...more

Waivers of Age Discrimination Claims in Reduction in Force Cases Continue to Face Intense Scrutiny

A Federal court in Colorado recently permitted a former employee to advance an age discrimination claim despite his prior execution of a severance and release agreement after his employment ended in connection with a...more

“Waive” Goodbye to Employer Liability Under the ADA for Voluntary Accommodations of Essential Job Functions

An employer faces a difficult situation when a temporarily disabled employee who cannot perform his or her essential job functions requests an accommodation. This situation becomes significantly more complicated when the...more

Is Your Standard Severance Agreement Subject to Challenge by the EEOC?

Many employers have a standard severance agreement that they routinely use with minor modification when terminating an employee either as part of a reduction-in-force or for performance or other reasons. Obviously, the major...more

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