Wrongful Termination Hiring & Firing

News & Analysis as of

Watch Out for the Cat’s Paw - Employers May Be Accountable for Low-Level Employee Actions

In the world of employment law, there is something called the “Cat’s Paw” theory of liability. The name comes from a fable dating back to the 17th century in which a clever monkey persuades a naïve cat to pull roasting...more

Just What The Doctor Ordered: Court Denies The EEOC’s Motion For Summary Judgment In ADA Suit Regarding Employer’s Wellness...

Seyfarth Synopsis: After the EEOC brought an action under the Americans With Disabilities Act against an employer who implemented a wellness program requiring employees to take a health assessment to participate, the Court...more

EEOC Sues Dash Dreams for Pregnancy Discrimination

Orchid Grower Fired Several Employees After Childbirth, Federal Agency Charges - FRESNO, Calif. - Dash Dreams Plant, Inc., a grower and wholesale distributer of orchids in Dos Palos, Calif., violated federal law when it...more

Philips Lighting To Pay $56,000 to Settle EEOC Retaliation Charge

Lighting Company Fired Security Guard Because His Grandfather Had Sued It, Federal Agency Charged - ST. LOUIS -- Philips Lighting of North America will pay $56,000 and furnish other relief to settle a retaliation lawsuit...more

ERISA Section 510 Interference Claim Time Barred

A federal magistrate judge in Pennsylvania recommended that a class action complaint claiming that AlliedBarton terminated certain employees to prevent them from reaching eligibility for vacation benefits be dismissed as...more

Differences in Public Policy Can Affect Claims of Wrongful Discharge

Most jurisdictions, including Connecticut, recognize a tort of “wrongful discharge” as an exception to the principle of employment at will. Although employment at will generally allows either the employer or the employee to...more

Apria Healthcare Group to Pay $100,000 To Settle EEOC Disability Discrimination Suit

Company Laid Off Warehouse Clerk After She Notified Them of Medical Restrictions, Federal Agency Charged - ALBUQUERQUE, N.M. - Apria Healthcare Inc., a home medical provider that offers medical equipment and services in...more

HR Abdicates Control

The Second Circuit Court of Appeals recently taught employers what can happen when Human Resources abandons an investigation half-way through. In Vasquez v. Empress Ambulance Serv., Inc., No,. 15-3239-cv (2d Cir. Aug. 29,...more

New Image Building Services Sued By EEOC for Disability Discrimination

Employee Discharged Because He Has Scoliosis, Federal Agency Charges - DETROIT - New Image Building Services, Inc., a Troy, Mich.-based cleaning company, has been sued by the U.S. Equal Employment Opportunity Commission...more

Employment Law - August 2016

Arbitrator or Judge? California Supreme Court Weighs in - Why it matters - Yet again, the California Supreme Court considered arbitration in the context of an employment agreement, this time reflecting on whether a...more

Annie Get Your Gun – Court Rules Termination For Bringing Gun to Work Unlawful

In a recent decision that could have implications in many states, a federal appeals ruled that an employee could state a claim for wrongful termination under state law after being discharged for storing a gun in his car on...more

Fired For My Firearm? I’ll Sue!

As if employers already did not have enough reasons to have to think through termination decisions carefully, here is yet another “trigger” word that should make employers think twice about plans to discipline or fire an...more

EEOC Sues KASCO for Discrimination and Retaliation Against Muslim Employee

Termination of Employee Violated Title VII of the Civil Rights Act, Federal Agency Says - ST. LOUIS -- KASCO, LLC, a St. Louis company which manufactures and sells butcher supplies and meat processing equipment, violated...more

Saying “You’re Fired” Could Bring Labor Pains 

An Ohio employer recently learned the hard way that employers need to be cautious when it comes to communicating with striking employees about permanent replacements. By mistakenly telling them that their employment had been...more

Fifth Circuit Broadens Exceptions to At-Will Employment

On August 8, 2016, the Fifth Circuit Court of Appeals recognized a new public policy exception to the at-will employment doctrine, allowing a former employee to sue his employer for terminating his employment for legally...more

Tenth Circuit Orders Truck Driver Who Abandoned Trailer on Interstate Highway to be Reinstated with Backpay

Seyfarth Synopsis: The Tenth Circuit held that a trucking company unlawfully retaliated against a truck driver after he abandoned a trailer on a public highway, finding that his actions constituted a protected refusal to...more

Employer loses wrongful dismissal case after court finds safety rules unclear

An employer has lost a wrongful dismissal case after a court found that its safety rules, which it alleged the employee violated, were unclear and not clearly-communicated. The employee worked at a solid waste facility...more

Wilson: SCC Overhauls Standard of Review?

Tax professionals who advise clients on judicial review of the CRA’s discretionary decisions should monitor developments in the standard of review in light of the Supreme Court of Canada’s decision in Wilson v Atomic Energy...more

New Decision Allows Employee Suit for Violation of Concealed Handgun Law

Texas and many other states in the South have passed state laws in recent years restricting employers from terminating employees who keep their lawfully-licensed concealed handgun locked in their vehicle. For the most part,...more

EEOC Sues Cushman & Wakefield for Disability Discrimination

Commercial Real Estate Services Company Fired Employee with Breast Cancer, Federal Agency Charges - BALTIMORE - Cushman & Wakefield refused to provide a reasonable accommodation to an employee with breast cancer and...more

Mississippi Says Employers Can’t Prohibit Employees from Having Guns in Their Cars

Many people are saying that this California Employment Law Blog doesn’t spend enough time discussing Mississippi law. Well today that’s going to change....more

Front Pay & Back Pay: How About No Pay?

In Caterpillar Logistics Services, Inc. v. Amaya, 2016 WL 822020 (Fla. 3d DCA July 13th, 2016), Rudolph Amaya suffered an on-the-job injury to his back and knee while working at Caterpillar’s facility.  Shortly thereafter,...more

Recent NLRB Decision A Reminder That NLRA Can Protect Actions Of A Single Employee

So far, it has been a long quiet Summer with little NLRB activity, – with the exception of the recent ruling that temporary agency employees can be part of a bargaining unit with the principal employer’s employees, of course....more

Supreme Court of Canada Holds Private Federal Employers Must Have Just Cause to Dismiss Non-Managerial Employees

Part III of the Canada Labour Code (the “Code”) contains unjust dismissal provisions that apply to private Canadian employers subject to federal jurisdiction. Where a complaint of unjust dismissal is filed by a dismissed...more

Federal Judge Awards $1,470,000 in EEOC Sexual Harassment and Retaliation Case Against Z Foods

Workers Who Were Sexually Harassed and Fired for Complaining Vindicated in Court's Ruling - FRESNO, Calif. - A federal judge has ordered Z Foods, Inc., once one of the largest dried fruit processors in the United States,...more

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