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Employee Rights Termination

Most countries provide some degree of workplace protection for employees and job applicants. Depending on the jurisdiction, these protections generally include safety precautions and policies, anti-discrimination... more +
Most countries provide some degree of workplace protection for employees and job applicants. Depending on the jurisdiction, these protections generally include safety precautions and policies, anti-discrimination policies, collective bargaining and unionizing rights, meal and rest requirements, minimum wage rules, and medical and family leave rights to name a few. In the United States, the federal framework for employee rights stem from statutes such as the Fair Labor Standards Act (FLSA), Americans with Disabilities Act (ADA), National Labor Relations Act (NLRA), Title VII of the Civil Rights Act, and the Family Medical Leave Act (FMLA). In addition, employee rights statutes are implemented and enforced by regulatory authorities such as the EEOC, NLRB, OSHA, and the Department of Labor. Further, many state and local governments provide additional and localized protections for employees that are enforced by local regulatory entities. less -
King & Spalding

General Election Manifesto Round-Up and Other Employment Law Developments

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In anticipation of next week’s General Election, this month’s alert examines key employment law pledges made by the political parties in their election manifestos, an extension to parental leave rights and recent legal...more

McNees Wallace & Nurick LLC

Policing Social Media Posts – PA Appellate Court Prohibits Reinstatement of Kutztown University Police Officer

May 28, 2024Publications On May 1, 2024, the Pennsylvania Commonwealth Court vacated an arbitration award involving the Pennsylvania State System of Higher Education Officers Association (“Association”) and a former...more

Maynard Nexsen

Work This Way: A Labor & Employment Law Podcast | Episode 9: Best Practices for Employers with John Saxon, Plaintiff’s Labor &...

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In this episode, hosts Tina Emerson and Warren Lightfoot are joined by John Saxon, a leading plaintiff’s labor & employment attorney in the state of Alabama. As veteran employment attorneys on opposing sides, John and Warren...more

BakerHostetler

Next Up in the NLRB’s Line of Fire: Protection for Employee Displays of Religious, Social, and Political Messaging

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On February 21, 2024, the National Labor Relations Board (NLRB or the Board) ruled that Home Depot violated Section 7 of the National Labor Relations Act (NLRA or the Act) when it effectively terminated an employee after the...more

A&O Shearman

Managing a clash of rights in the workplace – recent cases and legal consideration

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In the third instalment of our equality and discrimination blog series, I explore how to deal with the growing issue of addressing conflicting rights in the workplace. This is one of the most difficult challenges for...more

Dechert LLP

The Employment Edit - Issue 5 - Spring 2023

Dechert LLP on

Welcome to the fifth edition of The Employment Edit – a summary of the most important recent cases and news affecting employers in the UK. We hope you find this newsletter helpful and informative...more

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

New York City’s New Job Protection Bill: Will It End At-will Employment?

New York City is considering a bill known as the “Secure Jobs Act,” which would prohibit employers from discharging employees without “just cause” and advanced notice in most cases. Introduced on December 7, 2022, Int...more

Bradley Arant Boult Cummings LLP

Don’t Fire Me! I’m Drug Free! It Was CBD! Indiana Court Examines Termination for Use of Hemp Oil

In our modern world of a booming CBD industry and an increasing number of states that have legalized marijuana, can you terminate an employee for a positive drug test for marijuana? What if the test shows marijuana...more

Locke Lord LLP

Memes, Emoticons, and Social Media ‎Posts as Protected Concerted ‎Activity

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To navigate the pandemic, companies and employees shifted to virtual tools and platforms to conduct business and communicate with team members. With this transition into the virtual office space and increased screen time,...more

Genova Burns LLC

Stepping In Where Unions Have Failed, NYC Council Imposes Just Cause Standard On Non-Union Employers

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As our readers may be aware, in March 2021, New York City passed an ordinance requiring fast food employers to have just cause to discharge their employees, where discharge includes termination, constructive discharge,...more

Constangy, Brooks, Smith & Prophete, LLP

Employee "Refuses To Sign." Now what?

Should the employer force the issue? You Human Resources professionals are familiar with this scenario. You are present while a supervisor is disciplining an employee. The supervisor has a write-up, pre-approved by you, and...more

Bradley Arant Boult Cummings LLP

NLRB Concerted Activity Claims on the Rise

Two recent advice memos issued by the National Labor Relations Board (NLRB) provide further guidance on the issue of “protected concerted activity” under Section 7 of the National Labor Relations Act (NLRA), commonly referred...more

BakerHostetler

Overview of the Colorado Lawful Off-Duty Activity Statute

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Today’s political and social climate has brought significant changes to the workplace. Employers are adapting to a remote workforce, COVID-19 regulations, political protests and the upcoming election. Regardless of whether...more

Proskauer - Labor Relations Update

NLRB: Outsized Payment to Union Supporter to Waive Reinstatement in Board Settlement Not Unlawful Bribe

Shamrock Foods Company, 369 N.L.R.B. No. 5 (January 7, 2020) is the latest in the National Labor Relations Board’s series of employer-friendly decisions. In Shamrock Foods, the Board held that an employer did not violate...more

Epstein Becker & Green

Mandatory Severance on the Horizon Under Proposed Amendments to NJ Warn Act

A bill to amend the New Jersey Millville Dallas Airmotive Plant Loss Job Notification Act, also commonly referred to as the New Jersey WARN Act (“NJ WARN Act”), which the New Jersey Senate passed on December 16, 2019, if...more

FordHarrison

How the Misconception of ‘Free Speech’ in the Workplace Persists through High-Profile Examples of Social Consciousness

FordHarrison on

With the NBA season set to begin this month, so many eagerly anticipated storylines are being discussed. Would the Clippers and Lakers live up to expectations and make Los Angeles the place to be this season? How are teams...more

Faegre Drinker Biddle & Reath LLP

NLRB Limits Definition of 'Concerted' Activities by Employees

The National Labor Relations Board (NLRB) will find a violation of federal labor law when employees are disciplined or discharged for engaging in protected concerted activities. The key element is that employees must be...more

Seyfarth Shaw LLP

Termination Pay Penalties: Easy To Incur, Impossible To Reduce?

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Seyfarth Synopsis: Employers must pay “waiting time” penalties for willfully failing to timely pay wages due upon termination. Last week the California Court of Appeal dealt employers a double whammy: (i) mere negligence can...more

Sheppard Mullin Richter & Hampton LLP

Considering Offering Severance Pay in Exchange for Certain Post-Employment Obligations? Think Again.

An employer violated employee’s labor rights by offering her a separation agreement that contained unlawful terms ruled a National Labor Relations Board (“NLRB”) administrative law judge (“ALJ”) in Baylor Univ. Med. Ctr.,...more

Fisher Phillips

An “Employee’s” Right to Inspect His or Her Personnel File in Pennsylvania

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Employers commonly find themselves answering the following question: What right does a former employee have to access his or her personnel file? Often, after an employer terminates an employee, that employee and/or the...more

Cozen O'Connor

I-17 – Engaging Your Employees in Today’s Workplace, Featuring Rick Turner at Whirlpool Corporation

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Michael Schmidt, vice chair of Cozen O'Connor’s Labor & Employment Department, discusses how to engage your employees in today’s unique workplace and navigate a multi-jurisdictional set of employment laws. This episode...more

Jackson Lewis P.C.

Documented Performance Issues And Inadequate Notice Of Need For Leave Sink Employee’s FMLA Claims

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Granting summary judgment to an employer on Family and Medical Leave Act claims asserted by a former employee, an Illinois district court held that: (1) the employee had failed to demonstrate his firing had any causal...more

Blake, Cassels & Graydon LLP

Overhaul of Alberta’s Workplace Laws Now Underway

Significant changes to Alberta’s workplace laws are coming. On May 24, 2017, the Alberta government introduced Bill 17, the Fair and Family-friendly Workplaces Act (Bill 17), which proposes the biggest changes to Alberta’s...more

Jackson Lewis P.C.

What Should I Tell Employees On Leave About Their FMLA Usage? Everything!

Jackson Lewis P.C. on

When it comes to FMLA leave administration, “don’t sweat the details” is rarely a wise axiom. Details matter. A lot. A recent decision by an Illinois federal court reinforces that lesson. In March 2015, Amanda Dusik...more

Jackson Lewis P.C.

Third Circuit: No Direct Evidence Needed for Mixed-Motive Jury Instruction in FMLA Retaliation Cases

Jackson Lewis P.C. on

A former employee alleges that he was terminated because he exercised his right to take intermittent leave under the Family and Medical Leave Act. His former employer asserts that his FMLA leave had nothing to do with his...more

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