News & Analysis as of

Disciplinary Proceedings

Perspectives for the Professions Newsletter - March 2018: Reduction in Sanction on the Basis of Delay is Not Automatic

by Field Law on

The Law Society of Upper Canada v Abbott, 2017 ONCA 525, holds that delay in initiating investigatory and disciplinary proceedings does not necessarily justify a reduction in sanction. ...more

Restoring “Balance” To The (Work)Force: The Board Clarifies Its Tests To Determine When “Protected Activity” Becomes Unprotected

by Seyfarth Shaw LLP on

Seyfarth Synopsis: The Board affirms an employer’s decision to discharge an employee for engaging in dishonesty and a security breach. In the process, it clarifies the legal standards to be used when assessing whether...more

NLRB Upholds Discharge of Employee Whose Protected Activity Included Intentional Deception

by Franczek Radelet P.C. on

On February 28, 2018, the National Labor Relations Board (“Board”) issued an important decision for employers and employees, reminding all that protected activity under the National Labor Relations Act does not always shield...more

Will & Grace: New Run, Same Naughty Karen

by FordHarrison on

Back in March, I wrote about the revival of Will & Grace, though we all know it is really the Jack & Karen show. Over the years, we have seen the softer side of Karen Walker, which lies far (really far) below the surface of...more

Philly Off-Duty Employee Did WHAT? Some Tips So Employer Doesn’t Step in It, Too

by FordHarrison on

For the first time since 1960, the Philadelphia Eagles are Super Bowl Champions. Inspired play from backup quarterback Nick Foles and some gutsy moves from coach Doug Pederson propelled the Eagles past the favored Patriots in...more

Dear Littler: Can I Immediately Fire a VP Based on Sexual Harassment Allegations?

by Littler on

Dear Littler: I am a senior HR manager at a mid-sized company. One of our female team members just reported her manager, a vice president, for inappropriate conduct. She claims that what started out as mild flirtation on his...more

See You In Court! - February 2018

by Shipman & Goodwin LLP on

A student recently came to Mr. Principal in tears, accusing Joe Blow, a fifth-year senior at Nutmeg Memorial High School, of threatening to beat him up if he didn’t hand over his lunch money. When Mr. Principal investigated...more

Taking and documenting informed consent: When is it not enough? - A case study of Jen Shek Wei v Singapore Medical Council...

by Dentons on

Maintaining adequate medical documentation is a challenge for many doctors working in a busy practice or healthcare institution. However, when it comes to informed consent, doctors should place high priority on ensuring that...more

Employment News - January 2018 #2

by Hogan Lovells on

Weekly newsletter on employment matters. In this weeks issue: - Don't break it – rest periods have to be uninterrupted... - Is that relevant? Disclosure of documents between employee and union...more

Court Refuses to Exclude Evidence of Disciplinary History of Plaintiff's Expert

by Sands Anderson PC on

The plaintiff filed a Complaint alleging she was injured in a March 23, 2013, automobile accident. In her initial expert disclosure, the plaintiff identified a single doctor as her only damages expert. The doctor had never...more

Title IX Procedures and The Need for Fairness to All Parties

by Shipman & Goodwin LLP on

Recent headlines make clear that sexual harassment is a serious problem in our society. It has also been a focus of attention on school campuses. Since the adoption of Title IX, colleges and universities, as well as other...more

Taking into account disciplinary warnings

by Dentons on

In the recent case of NHS 24 v. Pillar an employer dismissed the Claimant nurse practitioner for gross misconduct after she was involved in her third Patient Safety Incident (PSI). Training had been used to address previous...more

Employment News - November 2017 #3

by Hogan Lovells on

In this weeks issue: - White lies – incorrect reason for dismissal breach of trust and confidence... - Substance not form – TUPE transfer followed share sale... - Did you see that? CCTV recordings and disciplinary...more

Golf, the Commercial Division, and Expert Disclosure: No Sandbaggers Allowed!

by Farrell Fritz, P.C. on

Several weeks ago, we reviewed some of the newer Commercial Division Rules and reported on a couple recent decisions from Justice Shirley Werner Korneich of the Manhattan Commercial Division applying one of those Rules, Rule...more

BrokerCheck – FINRA’s Dread Permanent Record

by Allen Matkins on

Many a school child has received the awful warning to be careful lest some offense be entered on his or her “permanent record”. As required by statute (15 U.S.C. § 78o-3(i)), the Financial Industry Regulatory Authority, Inc....more

Dallas Cowboys Controversy Highlights Trap for Union and Non-Union Employers

by Barley Snyder on

Dallas Cowboys owner Jerry Jones publicly announced recently that he would bench any player who kneels during the national anthem. As a lifelong Cowboys fan, the flap momentarily diverted my attention from the Cowboys’...more

Unfair Dismissal: Can a Disciplinary Investigation Be Too Thorough?

by Faegre Baker Daniels on

In NHS 24 v Pillar UKEATS/0005/16, the Employment Appeal Tribunal (EAT) considered the appropriate scope of an employer’s investigation into alleged misconduct in disciplinary proceedings. Ms Pillar was employed by NHS 24...more

Withholding Evidence In sports Labor dsputes: What eSports can learn from Brady and Elliot? - Questions of Fundamental Fairness...

by Stinson Leonard Street on

For the uninitiated, eSports, is a professional sports league connected to video games, and is one of the fastest growing sports markets. While some chuckle at the growth of eSports, others are taking notice of the industry's...more

Employment News - October 2017 #4

by Hogan Lovells on

In this weeks issue: - Hear no evil – manager's motives not attributed to decision taker... - By contrast – EAT rejects argument that decision maker was innocent agent with no discriminatory motive... -...more

False Start On The Offense - Why the 5th Circuit Flagged the NFLPA for Illegal Procedure in the Ezekiel Elliott Case

by Miller Canfield on

After further review, the ruling of a Texas district court was overturned by the 5th Circuit Court of Appeals on Oct. 12, 2017, with the Court of Appeals vacating an injunction order that kept Dallas Cowboys running back...more

Lawyers Can Be A Positive Force for Compliance

by Michael Volkov on

Lawyers get a bad rap, and I am not just referring to all the lawyer jokes we have heard numerous times. Lawyers get a bad rap when it comes to compliance. Much of it is not deserved – but candidly, some of it is deserved....more

Sixth Circuit Holds Employer Not Vicariously Liable For Actions Of Alleged Supervisor In Title VII Same-Sex Sexual Harassment...

by FordHarrison on

Recently, the United States Court of Appeals for the Sixth Circuit in Hylko v. U.S. Steel Corporation affirmed the district court’s grant of summary judgment to the employer in a lawsuit alleging same-sex sexual harassment...more

Employment News - October 2017 #2

by Hogan Lovells on

Too much information? References to previous incidents did not make investigation unfair - In NHS 24 v Pillar the EAT found that an investigation into misconduct which took account of earlier incidents that had not been...more

U.S. Department of Education Revises Guidance Concerning Campus Sexual Misconduct

by FordHarrison on

Title IX of the Education Amendments of 1972 (Title IX) and its corresponding regulations prohibit sex discrimination in education programs or activities conducted by educational institutions that receive federal financial...more

Department of Education Rescinds Obama-era Title IX Guidance Document

by Hogan Lovells on

On September 22, the U.S. Department of Education Office for Civil Rights issued a Dear Colleague Letter withdrawing the statements of policy and guidance reflected in two key documents about Title IX and sexual violence...more

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