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Employee Misconduct Employer Liability Issues

Foley & Lardner LLP

Shifting Views on Paid Administrative Leave

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Employers often place employees on paid administrative leave while they investigate accusations of employee misconduct or make decisions regarding the employees’ employment. Traditionally, most federal courts agreed that this...more

Parker Poe Adams & Bernstein LLP

Fourth Circuit Expands Employer Protections Against Suspected FMLA Misuse

While the Family and Medical Leave Act (FMLA) is designed to protect employees who suffer from a qualifying "serious health condition that makes the employee unable to perform the functions of" their job, its administration...more

Fisher Phillips

Medical Spa Loses $300K After Botched Workplace Investigation: 5 Tips for Employers Investigating Potential Criminal Activity or...

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Two vials of Botox went missing at a medical spa, and the employer had a hunch that a new employee had stolen them. After the police got involved, the employee was arrested and indicted for felony theft by a grand jury, but...more

Littler

Fifth Circuit Scolds NLRB in Case about Employee Outbursts and Requires Board on Remand to Use Standard it Purported to Overrule

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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

Sheppard Mullin Richter & Hampton LLP

The NLRB Must Apply Its Prior Standard for Protected Employee Outbursts and Abusive Speech

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

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

Eighth Circuit Chips Away at ‘Honest Belief’ Defense and Creates ‘Intertwinement Test’ for Disability Discrimination Cases

On July 1, 2024, in Huber v. Westar Foods, Inc., in a 2–1 decision, the Eighth Circuit Court of Appeals departed from the “honest belief” defense recognized by the First, Second, Fourth, Fifth, and Seventh Circuits (and U.S....more

Troutman Pepper

Managing Employee Compliance in Highly Regulated Industries — Hiring to Firing Podcast

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In this episode of the Hiring to Firing Podcast, hosts Tracey Diamond and Evan Gibbs are joined by Josh Riggs, owner of Social Cannabis, based in Denver, CO. They delve into the complexities of managing employee conduct in...more

Littler

Louisiana Becomes Latest State to Prohibit Nondisclosure Clauses Related to #MeToo Claims

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Under a new Louisiana law enacted on June 25, 2024, nondisclosure clauses required by an employer and agreed to prior to a hostile work environment dispute or sexual harassment dispute will be unenforceable. Louisiana joins...more

BCLP

UK HR Two-Minute Monthly: May 2024

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Our May update includes a case on whistleblowing where the claimant’s belief in the disclosures was questioned along with whether decision makers who knew little or nothing about the disclosures could be blamed for those who...more

BCLP

Private life and disciplinary dismissal

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In this case submitted to the Supreme Court (“Cour de cassation”), a State health insurance agency dismissed one of its employee for gross misconduct for having sent to some of her colleagues, through her professional email...more

Weintraub Tobin

California Employment News: Effective Disciplinary Procedures and Policies (Podcast)

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Having a fair and meaningful disciplinary process can be a helpful tool for employers to improve employee performance. In this episode of California Employment News, employment attorneys Meagan Bainbridge and Nikki Mahmoudi...more

Weintraub Tobin

California Employment News: Effective Disciplinary Procedures and Policies

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Having a fair and meaningful disciplinary process can be a helpful tool for employers to improve employee performance. In this episode of California Employment News, employment attorneys Meagan Bainbridge and Nikki Mahmoudi...more

Troutman Pepper

Effective Harassment Trainings: Best Approaches With Insights from NCIS — Hiring to Firing Podcast

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In this episode of the Hiring to Firing Podcast, Partners Tracey Diamond and Evan Gibbs draw insights from the TV series NCIS to discuss effective workplace harassment training. Our hosts are joined by Victoria Pasquale,...more

CDF Labor Law LLP

Employers May Now Be Limited from Presenting Certain Evidence of Employee Misconduct As Character Evidence In Harassment Cases

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In 2008, Eunices Argueta (Argueta) was hired by a freight operations company in El Segundo, California, eventually acquired by Worldwide Flight Services, Inc. In late 2016 and early 2017, several (5) of her subordinates filed...more

A&O Shearman

UK Financial Conduct Authority proposes new rules and guidance on non-financial misconduct

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The UK Financial Conduct Authority's consultation on diversity and inclusion (D&I) in financial services proposes new rules and guidance on identifying and taking action in relation to non-financial misconduct such as...more

Littler

Dear Littler: What are the substance use concerns of workplaces past, present, and future?

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Dear Littler, I’m in charge of organizing our holiday party this year. To keep things civil, we’re limiting alcohol and reminding employees that although our state has legalized the recreational use of marijuana, there...more

Steptoe & Johnson PLLC

Navigating the West Virginia Safer Workplace Act: What To Do When an Employee Reports to Work Under the Influence

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The holiday season and corresponding celebratory shenanigans will soon be upon us. This means that many employers may be facing the question, “What do we do when someone brings their party to work?” This article aims to cover...more

Miles & Stockbridge P.C.

It’s Holiday Season! Let’s Celebrate Responsibly.

It’s the most wonderful time of the year, full of holiday cheer but, unfortunately for some employers, also legal risks and potential liability. A company’s annual holiday party, gala or event can quickly turn from a...more

Epstein Becker & Green

Massachusetts Federal Judge Rules that Protected Activity Does Not Shield an Employee from the Consequences of Engaging in...

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On November 13, 2023, in USA ex rel, Morgan-Lee, et al. v. The Whittier Health Network, LLC, et al., a Massachusetts federal district judge concluded that although the plaintiff engaged in protected activity when she raised...more

Thomas Fox - Compliance Evangelist

2023 Global Business Ethics Survey: Part 3 – Retaliation in the Workplace

The 2023 ECI Global Business Ethics Survey has shed light on the pressing issues of workplace ethics, retaliation, and whistleblower protection. The survey reveals that employees often face pressure to compromise workplace...more

Amundsen Davis LLC

[Ongoing Program] Session 5: Conflict Resolution - November 15th, 12:00 pm - 2:00 pm CT

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Amundsen Davis’s Leadership & Management Certification Training Series - Develop your managers into the professional leaders who create the culture that propels your business. Amundsen Davis’s Leadership & Management...more

Amundsen Davis LLC

[Ongoing Program] Session 4: Performance Improvement Plans - November 1st, 12:00 pm - 2:00 pm CT

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Amundsen Davis’s Leadership & Management Certification Training Series - Develop your managers into the professional leaders who create the culture that propels your business. Amundsen Davis’s Leadership & Management...more

Amundsen Davis LLC

[Ongoing Program] Session 3: Conducting Workplace Investigations and Documenting Employee Issues - October 18th, 12:00 pm - 2:00...

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Amundsen Davis’s Leadership & Management Certification Training Series - Develop your managers into the professional leaders who create the culture that propels your business. Amundsen Davis’s Leadership & Management...more

Amundsen Davis LLC

[Ongoing Program] Session 2: How to Effectively and Lawfully Communicate with Your Employees - October 4th, 12:00 pm - 2:00 pm CT

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Amundsen Davis’s Leadership & Management Certification Training Series - Develop your managers into the professional leaders who create the culture that propels your business. Amundsen Davis’s Leadership & Management...more

Amundsen Davis LLC

[Ongoing Program] Session 1: Recruiting and Onboarding Employees - September 20th, 12:00 pm - 2:00 pm CT

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Amundsen Davis’s Leadership & Management Certification Training Series - Develop your managers into the professional leaders who create the culture that propels your business. Amundsen Davis’s Leadership & Management...more

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