News & Analysis as of

Termination Hiring & Firing

Second Circuit Lowers Causation Standard for Employees Alleging FMLA Violations

by BakerHostetler on

Last week, the Second Circuit joined the Third Circuit in lowering the causation standard in evaluating alleged Family and Medical Leave Act (FMLA) violations against employers. Under a lower “motivating factor” standard...more

Three Tips for Handling the Difficult Decision to Downsize

by Dentons on

In a perfect world, law firms would always continue to grow and there would never be a need to reduce attorney or staff head count. However, with the changing market for legal services, many law firms have been forced to...more

Second Circuit Applies More Lenient “Motivating Factor” Standard to Employee’s FMLA Retaliation Claim

by Saul Ewing LLP on

In an opinion issued July 19, the Second Circuit vacated a jury verdict in favor of the employer, ruling that the district court judge had instructed the jury to use an incorrect standard of proof under the Family and Medical...more

FMLA Leave Does Not Shield An Employee From Disciplinary Action Unrelated To The Leave

by Jackson Lewis P.C. on

The Court of Appeals of North Carolina recently held that an employer didn’t interfere with an employee’s rights under the Family Medical Leave Act (“FMLA”) or retaliate against her by contacting her to schedule her...more

Former Employees Can’t View Their Personnel Files

by Barley Snyder on

Employers now can be confident in denying requests from former employees to inspect their personnel file after a recent Pennsylvania Supreme Court holding. In a recent case, an employer denied a request from a former...more

Nurse’s Disability Discrimination Claims May Proceed To Trial, New Jersey Supreme Court Rules

by Jackson Lewis P.C. on

A registered nurse employed by a New Jersey health care system for approximately 10 years may proceed to a jury trial with her disability and perceived disability claims under the New Jersey Law Against Discrimination, the...more

Discharged Employee Not an “Employee” Under Personnel Files Act

The Pennsylvania Personnel Files Act (also known as the Inspection of Employment Records Law), grants employees in Pennsylvania, or their designated agents, the right to inspect certain portions of their personnel records....more

Documented Performance Issues And Inadequate Notice Of Need For Leave Sink Employee’s FMLA Claims

by Jackson Lewis P.C. on

Granting summary judgment to an employer on Family and Medical Leave Act claims asserted by a former employee, an Illinois district court held that: (1) the employee had failed to demonstrate his firing had any causal...more

M&T Bank Sued by EEOC for Disability Discrimination at Hudson City Savings Bank

Predecessor Bank Refused to Accommodate Bank Branch Employees' Disabilities and Put Them on Involuntary Leave, Federal Agency Charges - NEW YORK - The U.S. Equal Employment Opportunity Commission (EEOC) filed suit today...more

New Study Suggests Drug Use in Our Workforce is on the Rise ….How Can Employers Protect Themselves and Their Employees?

A recent study released by Quest Diagnostics reveals that drug use in the country’s workforce is on the rise. According to Quest’s analysis of more than ten million tests conducted in 2016, drug use among the combined US....more

Former Big League Pitcher Awarded More Than $1.5 Million For Wrongful Termination

by Jackson Lewis P.C. on

A New Jersey jury in the Superior Court of New Jersey for Camden County has awarded former Major League Baseball pitcher Mitchell Williams $1,565,333 in a wrongful termination action he filed against MLB Network, Inc....more

11th Circuit Reminds Employers: Proceed Cautiously When Terminating Employees Shortly After FMLA Leave

by Seyfarth Shaw LLP on

Seyfarth Synopsis: While employees who have recently taken leave may be terminated for legitimate reasons, establishing a non-retaliatory termination can be challenging. The timing of the termination alone can support...more

Top 10 Employment & Labour Issues for Employers

1: Accommodation in the Workplace - OVERVIEW - Employers have a duty to accommodate employees’ needs based on those grounds protected under federal and provincial human rights legislation. All employers are required...more

Termination Deliberations Privileged Thanks to Attorney Member of Three-Person “Termination Review Committee”

by Saul Ewing LLP on

In a potentially game-changing decision for employers, the United States District Court for the Southern District of New York denied a former employee’s motion to compel the depositions of her former employer’s three-person...more

Social media-related dismissal held by an Employment Tribunal to be fair

by Dentons on

In Plant v. API Microelectronics Ltd, the Employment Tribunal (ET) has held that the dismissal of a long-serving employee was fair, after she had made derogatory comments over social media about her employer. This decision...more

In-House Lawyers Should Avoid Being Employment Decision-Makers

by McGuireWoods LLP on

In-house lawyers obviously can play an important role when their corporate clients decide whether to terminate employees. But they should avoid being the ultimate decision-makers, or playing a business role in any termination...more

“You Can’t Fire Me, I Just Came Back From FMLA Leave.”

by Jackson Lewis P.C. on

Contrary to apparent popular belief, employees who have recently taken leave under the Family and Medical Leave Act (“FMLA”) can be terminated for legitimate reasons unrelated to their FMLA leave. Establishing a...more

Supreme Court of Canada Rules No Discrimination for Termination of Drug Addicted Employee

On June 15, 2017, the Supreme Court of Canada (SCC) released its decision in Stewart v. Elk Valley Coal Corp. (Stewart). Stewart is a welcome decision for employers looking to improve and enforce alcohol and drug policies in...more

Shielding Teacher From Unruly Students Not ADA Reasonable Accommodation

Sometimes employers face requests for reasonable accommodation that do not cost much, but which would materially interfere with the employee’s ability to get their work done. Under the Americans with Disabilities Act (ADA),...more

“Tantrums” Aside, the Law Leans Toward the Employee in Issues of Social Media and Free Speech

Whether or not your friends and family get a kick out of your misery at work, that online post of yours might tick off your employer. But what rights do employers have to restrain their employees from complaining about them...more

Top 10 Issues for Employers, Issue #10: Terminating an Employee for Poor Performance

This is the 10th and final instalment in our Top 10 Issues for Employers series. This instalment addresses terminating an employee for poor performance. OVERVIEW - Under Canadian law, employers may unilaterally and...more

First Circuit Refuses to Recognize a Section 1981 Private Right of Action for Damages Against State Actors

In a recent decision, Buntin v. City of Boston, the First Circuit Court of Appeals held that there is no implied private right of action for damages against state actors under 42 U.S.C. Section 1981. In reaching that...more

Overhaul of Alberta’s Workplace Laws Now Underway

Significant changes to Alberta’s workplace laws are coming. On May 24, 2017, the Alberta government introduced Bill 17, the Fair and Family-friendly Workplaces Act (Bill 17), which proposes the biggest changes to Alberta’s...more

Public Act 16-67 – Are Your Background-Check Practices Compliant?

It’s been almost exactly a year since Public Act 16-67 – officially entitled “An Act Concerning the Disclosure of Certain Education Personnel Records, Criminal Penalties for Threatening in Educational Settings and the...more

Be Aware Belgium May 2017

by DLA Piper on

Brussels Labour Court had to rule on the nullity of a termination and the claim of an indemnity in lieu of notice by an employee. These are the facts: An Employee entered the service of a not-for-profit organization...more

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