News & Analysis as of

Termination Employer Liability Issues Employment Policies

Clark Hill PLC

Lactation Accommodation Results in Misconduct Firing, Tenth Circuit Affirms

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Here’s an interesting case that at first blush appears to be an accommodations case, but on a deeper dive is a workplace misconduct case. In Spagnolia v. Charter Communications LLC, The Tenth Circuit Appeals affirmed the...more

Spilman Thomas & Battle, PLLC

Navigating AI in HR: The Benefits and Risks of Using Artificial Intelligence in Employment Policies

Artificial intelligence (AI) can be a tool used by employers to save time and improve compliance when drafting employment policies. However, AI’s current usefulness has limits and comes with risks...more

Weintraub Tobin

California Employment News: Considerations for Employment Termination (Podcast)

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Considerations for Employment Termination Navigate California's at-will employment landscape, ensuring professionalism and legality in employee termination. Nikki Mahmoudi and Tomiwa Aina of Weintraub Tobin's Labor and...more

Maynard Nexsen

Work This Way: A Labor & Employment Law Podcast | Episode 9: Best Practices for Employers with John Saxon, Plaintiff’s Labor &...

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In this episode, hosts Tina Emerson and Warren Lightfoot are joined by John Saxon, a leading plaintiff’s labor & employment attorney in the state of Alabama. As veteran employment attorneys on opposing sides, John and Warren...more

Epstein Becker & Green

#WorkforceWednesday: Termination Meetings on the Record - Employment Law This Week®

Epstein Becker & Green on

With virtual terminations on the rise, what steps should employers take to ensure they are prepared and compliant if an employee secretly records their termination? Epstein Becker Green attorneys Marc A. Mandelman and Lauri...more

BakerHostetler

Next Up in the NLRB’s Line of Fire: Protection for Employee Displays of Religious, Social, and Political Messaging

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On February 21, 2024, the National Labor Relations Board (NLRB or the Board) ruled that Home Depot violated Section 7 of the National Labor Relations Act (NLRA or the Act) when it effectively terminated an employee after the...more

Seyfarth Shaw LLP

Eleventh Circuit Holds FMLA Retaliation Requires “But-for” Showing

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Seyfarth Synopsis: The United States Court of Appeals for the Eleventh Circuit affirmed a district court’s decision that “but-for” is the proper causation standard for FMLA retaliation claims addressed within the...more

Woods Rogers

What's the Tea in L&E? Professional Breakup Advice: Convey Your Reason for Separation (or Termination)

Woods Rogers on

What’s the Tea in L&E is a video series focused on the latest trends and updates in labor and employment law. In this segment, Woods Rogers Vandeventer Black (WRVB) labor and employment attorneys Leah Stiegler and Emily...more

Bradley Arant Boult Cummings LLP

Points Matter: Absenteeism Policy Overcomes Racial Discrimination Allegations in Fifth Circuit

As this blog has consistently noted in the past, one of the most effective ways to combat unfounded allegations in the workplace is diligent record-keeping. Many employers have “point-based” disciplinary policies in which...more

McDermott Will & Emery

Kündigungsschutz für GmbH-Geschäftsführer?

McDermott Will & Emery on

Das Bundesarbeitsgericht (BAG) hat sich in einer aktuellen Entscheidung (BAG, Urteil vom 20. Juli 2023 – 6 AZR 228/22) mit der Frage des Kündigungsschutzes von Geschäftsführern auseinandergesetzt, die auf Grundlage eines...more

Perkins Coie

Arizona Court of Appeals Reinstates Retaliatory Discharge Claim Under Fair Wages and Healthy Family Act

Perkins Coie on

The Arizona Court of Appeals recently held in Papias v. Parker Fasteners LLC, No. 1 CA-CV 22-0775 (Ariz. Ct. App. Oct. 17, 2023), that a discharged employee could proceed with his retaliation claim against his former...more

Parker Poe Adams & Bernstein LLP

Employee's PTSD Diagnosis May Excuse Violation of Disciplinary Policies

The Americans with Disabilities Act does not require employers to ignore or excuse serious violations of their rules of conduct. For example, an employee who brings a weapon to work in violation of the employer’s policy...more

Genova Burns LLC

To Click or Not to Click: NJ Appellate Division Reaffirms Enforceability of Electronic Arbitration Agreements

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On March 7, 2023, in Dakota Powell vs. Prime Comms Retail LLC, the New Jersey Appellate Division ruled that a former employee must arbitrate her claims of race discrimination, rather than pursue them in court due to her...more

Bradley Arant Boult Cummings LLP

Brain Tumor: A Little Too Little, Too Late — Sixth Circuit Addresses Late Disclosure of Disability

Employers sometimes face difficult decisions after learning of an employee’s disability. What if you learn of a disability after ongoing repeated employment deficiencies or even after a disciplinary or discharge decision...more

Bradley Arant Boult Cummings LLP

The Handbook Tale: Beware the Importance of Your Paperwork

Is your employee handbook a binding contract? A recent case from the Alabama Supreme Court, Davis v. City of Montevallo, says sometimes it is. Many employers issue handbooks to set forth guidelines for what employers expect...more

Parker Poe Adams & Bernstein LLP

Federal Court Rejects Claims by Employees Allegedly Fired for Wearing BLM Masks

In February 2021, we wrote about Kinzer, et al. v. Whole Foods Market, Inc., a case pending in Massachusetts federal court in which multiple employees alleged that they had been terminated by Whole Foods for wearing Black...more

Troutman Pepper

Employer Justified in Terminating Employee Over Inappropriate Social Media Posts

Troutman Pepper on

Q: Can a private employer terminate an employee for social media posts that violate internal policies? ...more

Seyfarth Shaw LLP

Nevada Supreme Court Finds a Private Right of Action Under Nevada’s Medical Cannabis Law

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Nevada, like most states, has legalized cannabis for medicinal use. Although permitted under state law, a Nevada employee may still face discipline under a company’s drug policy. To address that concern, the Nevada...more

Sheppard Mullin Richter & Hampton LLP

President Biden Signs “Speak Out Act” Limiting the Enforceability of Non-Disclosure and Non-Disparagement Provisions in Sexual...

On December 7, 2022, President Biden signed the Speak Out Act (the “Act”) into law. The Act limits the enforceability of pre-dispute non-disclosure and non-disparagement clauses relating to sexual assault and sexual...more

Skadden, Arps, Slate, Meagher & Flom LLP

Reductions in Force: Legal Do’s and Don’ts

Reductions in force (RIFs) are making headlines as companies trim their worker ranks in the face of a weakening economy. Employers must decide whether to implement voluntary or involuntary RIFs (or both); the considerations...more

Blake, Cassels & Graydon LLP

Congédiement justifié d’un employé de longue date pour propos discriminatoires en opposition à une politique sur le port...

Un arbitre en Alberta a récemment confirmé le congédiement disciplinaire d’un employé de longue date dans l’affaire Federated Co-operatives Limited v. Miscellaneous Employees, Teamsters Local Union No. 987 of Alberta, 2022...more

Blake, Cassels & Graydon LLP

Un-Masking Discrimination: Employer Justified in Termination of 20-Year Employee for Discriminatory Comments Expressed in...

An Alberta arbitrator recently upheld an employer’s disciplinary termination of a long-term employee in Alberta Federated Co-operatives Limited v. Miscellaneous Employees, Teamsters Local Union No. 987 of Alberta, 2022 CanLII...more

Bradley Arant Boult Cummings LLP

Employer Response Tips From Firing Suit Over Birdwatcher

No employer wants to make decisions based on an employee's social media activity. Everyone tells employees to keep their private life private and don't let it affect the job — right? Originally published by Law360 -...more

Manatt, Phelps & Phillips, LLP

Nevada Supreme Court Sides With Employer in Marijuana Dispute

Demonstrating the challenges of differing state and federal laws with regard to marijuana, the Nevada Supreme Court dismissed a complaint filed by an employee terminated for a positive marijuana test....more

Ogletree, Deakins, Nash, Smoak & Stewart,...

Fourth Circuit Reinstates Employee’s Claim That Social Media App Messages Provided Sufficient Notice of a Medical Absence

On August 15, 2022, the U.S. Court of Appeals for the Fourth Circuit held in Roberts v. Gestamp West Virginia, LLC, that an employer’s “usual and customary” notice procedures relating to absences extended beyond the company’s...more

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