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Employee Evaluations Employment Litigation

Parker Poe Adams & Bernstein LLP

Above-Average Performance Reviews Counter Employer's Grounds for Termination

​​​​​​​“Grade inflation” is a well-known phenomenon in the academic sphere, where grade-point averages creep up over time despite the lack of performance-based reasons for the increase. Grade inflation can also be an issue...more

Ogletree, Deakins, Nash, Smoak & Stewart,...

Fifth Circuit Relied on ‘Next to No Evidence’ of Animus in Discrimination Suit

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

Parker Poe Adams & Bernstein LLP

Demote an Employee After a Positive Performance Review? Federal Appeals Court Says Not So Fast

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

Payne & Fears

[Virtual Employment Seminar] Fear Nothing 2021: Regular Rate of Pay, Remote Workforce Landmines, COVID Litigation & Workplace...

Payne & Fears on

2021 brought several changes to the workplace, but employers should have less to fear following this Payne & Fears conference. Join us for a full day of seminars on the most pressing employment law topics, transmitted to you...more

Littler

First Circuit Holds that Having an Employee Involuntarily Committed May Not Violate the ADA

Littler on

All employers should care about their employees’ mental health – but when does this concern put an employer in territory that may violate the Americans with Disabilities Act (ADA)?  In López-López v. The Robinson School, the...more

Franczek P.C.

IL Court Clarifies RIF Rules When Tenured Teacher Evaluated Twice in One School Year

Franczek P.C. on

Decisions on reductions in force in school districts are not common in Illinois, so a recent opinion from the Fourth District Appellate Court warrants brief mention. The issue in a recent case, Nafziger v. Board of Education...more

Parker Poe Adams & Bernstein LLP

Performance Counseling and Mediation Session Not Considered Adverse Employment Actions Under Title VII

Employees cannot sue under federal anti-discrimination laws for every perceived slight or workplace occurrence. In order to be actionable, the alleged employer conduct must rise to the level of an “adverse employment action.”...more

Genova Burns LLC

Third Circuit Permits Terminated Employee to Present Broad Comparisons to Others

Genova Burns LLC on

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

Seyfarth Shaw LLP

Federal Court Determines That Decision-Making By Upper Management May Allow For Certification In A Title VII Class Action

Seyfarth Shaw LLP on

Seyfarth Synopsis: On February 4, 2019, in Woods-Early v. Corning Corp., Case No. 18-CV-6162, a race discrimination class action, Judge Frank P. Geraci, Jr. of the U.S. District Court for the Western District of New York...more

Littler

New Mexico Supreme Court Rejects a Heightened Evidentiary Burden on a Plaintiff in a Reverse Race Discrimination Case

Littler on

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

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