Effective July 1, 2015, a new Indiana law prohibits employers from discharging employees who have sought protective orders in connection with alleged domestic violence. More specifically, HEA 1159 makes it illegal to...more
Here’s a lesson: Don’t call your employee an “old fart,” especially if you think you may need to fire him someday.
And don’t call his co-workers “old farts” right before you fire the co-workers.
Federal Agency Says Company Terminated Employee After She Refused to Have Sex With Supervisor -
ATLANTA - Coastal Motors, Inc., d/b/a Savannah Toyota, will pay $30,000 to settle a sexual harassment lawsuit brought by...more
Think you've heard every cautionary workplace tale? Believe it or not, you probably haven't – the real question is, how prepared are you to handle wildly unusual complaints, extreme accommodation requests, and highly awkward...more
Delaware recently joined a growing number of states by expanding its employment anti-discrimination statute to provide protections to employees who are victims of domestic violence, sexual offenses, or stalking. In addition...more
On July 15, 2015, the Supreme Court of New Jersey ruled that an employee who monitors corporate compliance—a so-called “watchdog” employee—can engage in protected activity by blowing the whistle under the New Jersey...more
In a closely watched case, the Colorado Supreme Court ruled that an employer could lawfully terminate an employee who tested positive for marijuana in a random drug test, even though the employee’s use of marijuana was...more
As we previously forecast and employers feared, New Jersey's Supreme Court has dramatically expanded the state's whistleblower law, the Conscientious Employee Protection Act or "CEPA." In doing so, the Court held that...more
Employee's Inability To Work For A Particular Supervisor Does Not Constitute A "Disability" -
Higgins-Williams v. Sutter Med. Found., 237 Cal. App. 4th 78 (2015) -
Michaelin Higgins-Williams worked as a clinical...more
Could there be a trend starting among the courts to put restraints on the reach of the disability discrimination laws when it comes to mental impairments affecting an employee’s ability to get along with others in the...more
In Wilson v. Atomic Energy of Canada Limited, 2015 FCA 17 ("Wilson"), the Federal Court of Appeal (FCA) made a game-changing decision when they unanimously found that without-cause dismissals of non-unionized employees are...more
In recent headlines, private equity CEO, Benjamin Wey, was found liable for defaming, sexually harassing and retaliating against former New York Global Group Intern Hanna Bouveng. The jury awarded her $2 million in...more
The divorce metaphor bears fruit yet again when it comes to the employment relationship. To this mix I add the concept of “no fault” divorce and the reasons employment ends.
A “no fault” divorce permits a spouse to end a...more
Australia's Fair Works Commission ("FWC") recently handed down its decision in Keenan v. Leighton Boral Amey Joint Venture. In this case, the FWC defined "place of work" with respect to an employee's off-duty conduct, and...more
Although a temporary employee had no termination protection under the collective agreement, he did have the right to advance a reprisal / retaliation claim under the Occupational Health and Safety Act, a labour arbitrator has...more
If an employee seeks FMLA leave, she typically needs to ask for it. Likewise, it goes without saying that if an employee is asked to provide a medical certification in support of her request (something employers are free to...more
Restaurant Fired Manager Days Before Medical Leave for Cancer Surgery, Federal Agency Charges -
BALTIMORE - OHM Concessions Group, LLC, which operates Dunkin' Donuts stores at Baltimore-Washington International Airport...more
In 2012, a jury ruled that Bayer Corporation had unlawfully terminated one of its sales representatives, Mike Townsend, because he alerted the Arkansas Attorney General to incidents of physicians overbilling Medicaid for the...more
Hundreds of new Tennessee laws went into effect on July 1, 2015. The following is a summary and link to several new laws which can affect Tennessee businesses.
SB 1058 – Wrongful discharge for firearms and...more
What happened? In McElroy v Cambridgeshire Community Services NHS Trust, an Employment Tribunal decided that the summary dismissal of a healthcare assistant for coming to work smelling of alcohol was unfair. Mr McElroy was...more
In a case we have previously blogged about several times due to spoliation sanctions imposed on the EEOC – most recently here - the U.S. Court of Appeals for the Fourth Circuit affirmed a ruling out of the Middle District of...more
Following are two recent federal court rulings related to arbitration.
Acknowledgement of Dispute Resolution Policy Sufficient to Compel Arbitration of Retaliation Claim -
Ashbey v. Archstone Property Management,...more
Last week the Colorado Supreme Court ruled that an employer can fire an employee for use of medical marijuana away from the workplace. The case is Coats v. Dish Network, No. 13SC394 (June 15, 2015).
The plaintiff is a...more
In This Issue:
- A Summary Across Five Continents
- Law and Sanctions
- The Legislative Framework: Whistleblower Protections Across the Globe
- Global Differences: The Cultural...more
As previously reported in EmployNews, recent National Labor Relations Board decisions have disrupted established guidelines with regard to employers’ obligations to tolerate uncivil and insulting behavior and comments from...more
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