What is at will employment law?
In This Issue:
- Harassment. Are your executive training programs effective?
- State Round-Up. Learn about the latest employment law news in your state
- Unions. Harold Coxson and Baker Wyche discuss the new...more
A recent trial experience provided an extraordinary lesson on the significant legal exposure employers face when hiring away employees from a competitor. I recently completed a jury trial in which my client obtained a $22.7...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
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
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
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
If a California employer is found to implement an adverse employment action in violation of public policy, an employee damaged by the action may initiate a tort claim of wrongful termination. California courts explained that...more
In reversing the District Court decision, the Eighth Circuit found that a supervisor’s disparaging comments to an older employee was enough to establish a prima facie case that the employee was terminated because of his age. ...more
Obviously, the simple answer is to not discriminate. But it also is important to have well-documented facts that support a business-related justification for the employer’s action and to demonstrate the plaintiff’s lack of...more
Earlier this year, in Harris v. City of Santa Monica, the California Supreme Court gave employers an unexpected win when it approved of the “mixed motive” theory of proof. As a result, in discrimination cases under the Fair...more
In Davis v. Kiewit Pacific Company, Lisa Davis, a heavy machine operator and one of two female employees at a 100-employee excavation project, prevailed in her claims of gender discrimination, hostile work environment, and...more
A federal district judge in Illinois recently ruled that a former employee may proceed with his interference and retaliation claims under the Family and Medical Leave Act (FMLA) against his former employer’s Human Resources...more
Executive Summary: While most companies are aware of the liability they may face if they violate the FMLA, a recent decision from the Eleventh Circuit serves as a reminder of just how important it is for employers to train...more
Every employment relationship ends at some point, and some end involuntarily and with hard feelings. Sometimes, hard feelings come from current employees as well. When these hard feelings exist, employment claims are...more
African-American Employee Terminated Because of His Race, Federal Agency Charged -
CHARLOTTE, N.C. - Schindler Elevator Corporation, headquartered in Morristown, N.J. will pay $35,000 and furnish significant remedial...more
Federal Agency Charged Center Cut Hours of Pregnant Social Worker, Then Fired Her for Complaining -
CHICAGO - In a lawsuit filed today in federal court, the U.S. Equal Employment Opportunity Commission (EEOC) charged...more
An employer's use of a spreadsheet categorizing employees in part by race doomed its attempt to obtain summary judgment on a former employee's race discrimination claims in the case of Fuller v. Edward B. Stimpson Co., Inc.,...more
It now should be clear to employers in California that the litigation rules are different as to what must be presented in discrimination lawsuits to succeed. Notably, just last week, in Alamo v. Practice Management...more
On August 27, 2013, the Missouri Supreme Court issued its decision in Farrow v. St. Francis Medical Center (No. SC 92793), which fundamentally alters the manner in which employers must address untimely claims under the...more
Employers frequently use severance agreement when terminating an employee or when an employee resigns with the hopes of reducing potential liability. In our practice, we often advise employers to offer severance pay that is...more
State of Connecticut v. AFSCME, Council 4, Local 391, No. 18749 (August 6, 2013): The Connecticut Supreme Court recently upheld the reversal of an arbitrator’s decision to reinstate an employee whose employment was terminated...more
As this FEB went to publication, Governor Brown signed Senate Bill 292, which clarifies that sexual harassment claims under California’s Fair Employment and Housing Act do not require a showing of sexual desire. The...more
WHAT OBLIGATIONS ARISE?
Unfair dismissal laws, which are set out in the Fair Work Act 2009 (Cth) (FW Act), apply to a large number of Australian employees and generally give those employees the broadest protection...more