News & Analysis as of

Termination Insubordination Policy

Constangy, Brooks, Smith & Prophete, LLP

The man who said "no" to DEI training, and four lessons for employers

Employer's DEI mandate scores a win. A white guy refused to take his employer's mandatory "unconscious bias" training, and he was fired. He sued the employer for retaliation, his lawsuit was dismissed, and this week an...more

Jackson Lewis P.C.

NLRB Reminds Employers Importance of Applying Consistent Discipline Policies in Workplace

Jackson Lewis P.C. on

Noting the employer did not have an employee code of conduct policy prohibiting the use of derogatory language, the National Labor Relations Board (NLRB) held an automotive dealership violated the National Labor Relations Act...more

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

Fifth Circuit Loss for Employee Who Refused Vaccine for Religious Reasons

As the COVID-19 vaccine becomes more readily available, employers are considering mandatory vaccination for their employees and in particular, how to respond to employee requests for accommodation, whether on the basis of...more

Proskauer - Whistleblowing & Retaliation

ARB Rules That Secret Recording of Workplace Conversations Can Be Protected Whistleblowing Activity

On September 28, 2015, the U.S. Department of Labor Administrative Review Board (“ARB”) held that the recording of workplace conversations can be protected whistleblower activity under the Energy Reorganization Act of 1974...more

Akerman LLP - HR Defense

Florida Employers May (Still) Terminate Their Employees For Insubordination

In a legal environment where employers often feel the deck is stacked against them, it is good to know that Florida courts will support employers who do not discriminate, when they need to terminate an insubordinate employee....more

Proskauer - Whistleblowing & Retaliation

ARB: No SOX Whistleblower Liability Where Termination Of In-House Counsel Was Based On Insubordination

The ARB recently affirmed an ALJ’s decision that American Commercial Lines Inc. (the “Company”) did not violate the whistleblower protection provision in Section 806 of SOX where the Company demonstrated by clear and...more

Butler Snow LLP

Mississippi Court Holds Disrespectful Employee Eligible For Unemployment Benefits

Butler Snow LLP on

In Mississippi, a person’s receipt of unemployment compensation is based on the reason(s) that their prior employment ended. Typically, the Mississippi Department of Employment Security will deny unemployment compensation...more

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