Robert Meyer on Hiring & Firing

Fourth Circuit Rejects Plaintiff’s “Market Rate” Theory in Pay Discrimination Case

The Equal Pay Act (EPA) and Title VII of the Civil Rights Act generally prohibit covered employers from discriminating against employees on the basis of sex with regard to compensation. The EPA requires men and women to...more

11/1/2023 / Employer Liability Issues , Employment Discrimination , Equal Pay , Equal Pay Act , Gender-Based Pay Discrimination , Hiring & Firing , Human Resources Professionals , Pay Equity Laws , Salary/Wage History , Wage and Hour

Employer Avoids Liability for Wrongful Discharge Despite Alleged Comparator Receiving Lesser Discipline

It is often said that consistent application of an employer’s work rules is one of the best ways to avoid liability for discrimination claims. Doing so can help to rebut the allegation that an individual has been subjected...more

4/19/2023 / Corporate Counsel , Discrimination , Employer Liability Issues , Employment Litigation , Employment Policies , Hiring & Firing , Human Resources Professionals , Wrongful Termination

Employer Avoids “Cat’s Paw” Liability in FMLA Retaliation Case Through Independent Review

The Family and Medical Leave Act (FMLA) prohibits employers from retaliating against employees for taking FMLA leave. In the case of Parker v. United Airlines, Inc., which recently reached the United States Court of Appeals...more

10/18/2022 / Anti-Retaliation Provisions , Corporate Counsel , Employee Benefits , Employer Liability Issues , Employment Policies , Family and Medical Leave Act (FMLA) , Hiring & Firing , Human Resources Professionals , Medical Leave , Paid Leave , Wage and Hour

NLRB General Counsel Urges Board to Seek Expanded Remedies Through Settlement Agreements

On September 15, 2021, National Labor Relations Board General Counsel Jennifer Abruzzo issued a Memorandum (GC 21-07) to all Board Field Offices recommending that, when pursuing settlement agreements with employers charged...more

10/12/2021 / Employee Rights , Employer Liability Issues , Employment Policies , Hiring & Firing , NLRA , NLRB , NLRB General Counsel

Fourth Circuit Issues Decision Favorable to Employer on ADA Accommodation

The Americans with Disabilities Act (ADA) generally prohibits covered employers from discriminating against employees or applicants on the basis of disability. One form of such discrimination is failing to provide reasonable...more

7/7/2021 / Americans with Disabilities Act (ADA) , Corporate Counsel , Disability , Disability Discrimination , Discrimination , Employer Liability Issues , Employment Litigation , Equal Opportunities , Hiring & Firing , Human Resources Professionals , Labor Law Violations , Reasonable Accommodation

Fourth Circuit Finds Employer Not Liable for Terminating Employee Believed to Have Made False Report of Harassment

Can an employer be held liable under Title VII when it fires an employee based on a good faith belief that she falsely accused another employee of sexual harassment — even if that belief may have been based upon a mistake of...more

11/7/2017 / Corporate Counsel , False Statements , Good Faith , Hiring & Firing , Internal Investigations , Retaliation , Sexual Harassment , Title VII

Strict Enforcement of Attendance Procedures May Create Liability for Employers under FMLA

Many employers include in their attendance policies a specific procedure by which employees must “call-in” to report an absence from work. Such policies typically impose disciplinary action, up to and including termination of...more

3/28/2017 / Employer Liability Issues , Employment Policies , Family and Medical Leave Act (FMLA) , Hiring & Firing , Wage and Hour

Robert Meyer

Poyner Spruill LLP

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