Making Sandwiches and Managing Employees: Hulu’s The Bear - Hiring to Firing Podcast
On May 13, 2022, the U.S. Court of Appeals for the Fifth Circuit affirmed summary judgment in favor of an employer, finding that a fired employee had failed to create a genuine dispute of material fact as to pretext. In Owens...more
Although it seems counterintuitive, we regularly run across situations where clients want to fire or demote an employee who recently received a promotion, stellar performance review, or some other kind of reward for good...more
In September, the Pennsylvania Supreme Court agreed with the urging of the Superior Court to hear an appeal on whether the Pennsylvania Peer Review Protection Act (PRPA or the Act) shields from discovery the evaluations of...more
On August 27, 2019, Governor Pritzker signed into law Public Act 101-0591, which added Section 24A-5.5 to the School Code. Section 24A-5.5 requires school districts to create an appeals process for teachers who receive...more
The Third Circuit’s recent decision in Andujar v. General Nutrition Corporation (GNC) should remind employers that termination of an employee based on poor performance should result from clear policies, and that personalized...more
In Garcia v. Hatch Valley Public Schools, the New Mexico Supreme Court recently examined whether a plaintiff has a relatively heightened evidentiary burden in proving a reverse discrimination claim brought under the New...more
In a 7 to 1 decision, the U.S. Supreme Court ruled today that courts of appeals should largely defer to lower courts’ decisions when policing subpoenas issued by the Equal Employment Opportunity Commission (EEOC). By...more
Employers routinely use Performance Improvement Plans (PIPs) to notify employees of job performance issues. If an employee believes that they have unfairly been placed under a PIP, can this form the basis for an employment...more