Managing Employee Compliance in Highly Regulated Industries — Hiring to Firing Podcast
California Employment News: Effective Disciplinary Procedures and Policies (Podcast)
California Employment News: Effective Disciplinary Procedures and Policies
Effective Harassment Trainings: Best Approaches With Insights from NCIS — Hiring to Firing Podcast
How to Combat Corporate Theft: Office Space - Hiring to Firing Podcast
SEC Settles with Activision for $35 Million - Employment Law This Week®
California Employment News: Starting a Workplace Investigation (Part 1)
JONES DAY TALKS®: The eBay Cyberstalking Case: Mitigating the Compliance Risks of Employee Misconduct
The ABCs of Employee Theft [More With McGlinchey Ep. 7]
Day 1 of One Month to Better Investigations and Reporting-Introduction to Investigations and Internal Reporting
Day 22 of One Month to Better Compliance Through HR-10 Questions to Better Operationalize Compliance
Day 11 of One Month to Better Compliance Through HR-the Fair Process Doctrine
On July 9, 2024, the U.S. Court of Appeals for the Fifth Circuit took the latest step in a continuing controversy about when obscenity or other misconduct by a worker, while raising otherwise protected job complaints,...more
On July 9, 2024, the United States Court of Appeals for the Fifth Circuit told the National Labor Relations Board’s to reconsider the standard for whether abusive or inappropriate speech is protected under Section 7 of the...more
Pennsylvania’s Educator Discipline Act governs educator misconduct complaints filed with the Department of Education for investigation and, if warranted, discipline. 24 Pa. Stat. Ann. § 2070.9. Once a misconduct complaint is...more
In the Matter of Arbitration Between Milton Area Education Association and Milton Area School District (Talarico 2022) (Arbitrator sustains discharge of teacher for inappropriate social media posts)....more
The National Labor Relations Board issued a decision in Lion Elastomers LLC II on May 1, 2023, reversing General Motors LLC, 369 NLRB No. 127 (2020) and changing the standards related to discipline or discharge of workers who...more
In a decision that had been anticipated, the National Labor Relations Board (“NLRB” or “Board”) abandoned its short-lived burden-shifting test for determining the legality of employer discipline of employees found to have...more
Lion Elastomers Revives a "Setting-Specific" Standard That Is Again Likely to Lead to Arbitrary Results and Conflicting Obligations Under Various Statutes - After the National Labor Relations Board's recent decision in...more
On March 20, 2023, following an eight-game suspension, Memphis Grizzlies’ two-time All-Star point guard, Ja Morant, returned to play in a NBA basketball game against the Houston Rockets. Grizzlies’ fans welcomed back Morant...more
An Alberta labour arbitrator found an employer was justified in firing a unionized employee for just cause for his off-duty sexual assault of a co-worker. In Corporation of the City of Calgary v Amalgamated Transit...more
What is “cancel culture”? During the last few years, there has been a groundswell of cultural movements seeking to rectify transgressions against traditionally marginalized groups, including women, Black people, members of...more
Last September, we anticipated a change in National Labor Relations Board (Board) policy regarding the evidentiary standard for resolving unfair labor practice charges related to employer discipline of employee abusive...more
The National Labor Relations Board has traditionally applied separate tests to evaluate whether employee discipline violated the National Labor Relations Act, depending on the context of the underlying misconduct. This has...more
Seyfarth Synopsis: When an employee violates company rules or policies, a company is within its rights to respond with appropriate corrective action. How to respond, however, can become complicated when an employee engages in...more
As an employment law attorney, I am frequently asked to review or prepare employer handbooks. Some of the most common mistakes or omissions that I see can create real problems for Arizona employers. The following are the top...more
Two years after the #MeToo Movement made the prevalence of sexual harassment and sexual assault in the workplace known worldwide, the Alberta Court of Appeal in Calgary (City) v. Canadian Union of Public Employees Local 37,...more
UK employers should proceed with caution when suspending employees, and always consider carefully whether taking such action is appropriate in the circumstances, as highlighted by the recent case in the Employment Appeal...more
Waiting on Dorian to arrive or to skip Florida altogether got me thinking about the HR challenges of dealing with employees who can’t seem to show up on time—or at all. Managing employee attendance problems and preparing for...more
It often is said that “it’s not the crime, but the cover-up” that is the most damaging to someone alleged to have committed misconduct. In a recent FINRA enforcement action, however, the cover-up was the crime. On July 3,...more
The purpose of a disciplinary hearing is to afford an employee the opportunity to state their case in response to allegations made by the employer ahead of seeking dismissal. ...more
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
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
...The internet has forever changed the way information is shared. The rapid-fire online patter produces comments and information that could be both helpful and harmful to an employer and its employees. On the one hand, such...more
Employees are only human — misconduct, theft, harassment, discrimination, and even criminal conduct are a fact of life, even in the workplace. Companies confronted with allegations of workplace misconduct must consider the...more
A recent federal appeals court decision case upheld an employer’s termination of a diabetic employee for misconduct, despite the employee’s argument that her poor work performance was a result of low-blood sugar....more
Employees have a right to a hearing prior to any disciplinary sanction being imposed upon them. This article examines whether an employer can be sued for defamation, by an employee for comments made during an...more