News & Analysis as of

Employer Liability Issues Hiring & Firing Discipline

Kaufman & Canoles

[Event] 41st Annual Employment Law Update - May 15th, Hampton, VA

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Managing risk in the employment law circus isn’t always easy when the rules change like they are contortionists. The 41st Annual Employment Law Update will highlight recent changes to the law and how employers can most...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

Kaufman & Canoles

[Event] 40th Annual Employment Law Update - July 16th, Hampton, VA

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Sometimes it seems employers are awash with new employment laws and regulations that require effective HR help to navigate. This year’s 40th ELU is designed to update employers on developments like the new proposed EEOC...more

Fisher Phillips

Recent Rulings Pave Way for More Workplace Bias Claims: 5 Steps for Florida Employers to Reduce Risk of Trial

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Two recent court rulings provide a roadmap for Florida employees and their attorneys to take their claims all the way to trial by building a convincing mosaic of circumstantial evidence. This means that now more than ever,...more

Bradley Arant Boult Cummings LLP

Employer Discipline Lessons In DC Circ. Vulgar Protest Ruling | Insights & Events

A ruling of the National Labor Relations Board in favor of an employee fired for using vulgar language on a company bulletin board was affirmed in August by the U.S. Court of Appeals for the District of Columbia Circuit. ...more

Fox Rothschild LLP

Practical Advice from Employment Litigators in the Trenches

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Last week, my colleagues and I presented a webinar entitled “Employer Update: Practical Advice from Employment Litigators in the Trenches”. In this second episode of our summer webinar series, we provided practical guidance...more

Weintraub Tobin

California Employment News: How to Draft Employee Disciplinary Records to Protect Your Business

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In this episode of California Employment News, Lukas Clary and Meagan Bainbridge discuss the importance of keeping detailed disciplinary records for all employees and explain what type of documents should be included. ...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

Fisher Phillips

June 2020: The Top 21 Labor And Employment Law Stories

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It’s hard to keep up with all the recent changes to labor and employment law. While the law always seems to evolve at a rapid pace, there have been an unprecedented number of changes for the past few years—and this past month...more

Sheppard Mullin Richter & Hampton LLP

Refresher: How to Comply With U.S. Export Controls and Anti-Discrimination Laws When Recruiting and Hiring Foreign Nationals

The scenario happens all the time: Your engineering department has identified a need for more personnel who will work with export-controlled information. Management has approved the hiring, and your Human Resources manager...more

Barnea Jaffa Lande & Co.

The Court Rules that A Short Absence from Work without Permission Does not Constitute Resignation

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From time to time we are asked what to do in instances where employees are absent from work without permission, and whether such absence constitutes abandonment of the job, and thus – resignation. In a recent judgment it was...more

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

ADA Litigation Lessons Surfaced From a Zamboni Machine

Employers, you see this movie all too often. You tolerate, and then ultimately discharge, a poor-performing employee who displays a bad attitude. Unfortunately, supervisors have not documented the employee’s prior instances...more

Bradley Arant Boult Cummings LLP

The Top 5 Dos and Don’ts of Employee Handbooks - Labor & Employment Newsletter

Haven’t updated that employee handbook in a while? Need to review it to make sure it is accurate? What policies actually need to be in a handbook? These are some of the questions that employers regularly face – or at least...more

McAfee & Taft

The truth about lie detectors in the workplace

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When something goes missing from the workplace, it may be tempting to turn to every detective show’s favorite cliché, the polygraph test. But are employers allowed to utilize such an examination? Congress addressed this...more

Bradley Arant Boult Cummings LLP

Moving Up the Naughty List: Level of Progressive Discipline Can Be Non-Discriminatory Reason, Says Eighth Circuit

Many employers have progressive discipline policies. Are they always followed? Probably not. Should they be? Absolutely, and Lindeman v. St. Luke’s Hospital of Kansas City, a recent case in the Eighth Circuit, demonstrates...more

Genova Burns LLC

Isolated ‘Highly Offensive Gender Slur’ Insufficient to Warrant Employee’s Termination

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The New Jersey Supreme Court overturned the termination of a state employee who uttered a highly offensive gender slur that was overheard by other employees. William R. Hendrickson, Jr., a fire safety inspector with the New...more

Proskauer - Labor Relations Update

A Return to Clarity: Traditional Joint Employer Test Reinstated

As we noted last week, one of the more controversial Obama-Board rulings expanding joint employer liability was overruled this past week. In a widely-predicted 3-2 decision (Miscimarra, Kaplan, Emanuel), the NLRB,...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

Pullman & Comley - Labor, Employment and...

Tips For Documenting Employee Discipline

Most employment lawyers will tell you that more cases are won and lost due to documentation (or the lack thereof) than any other factor. This is because juries typically will only believe employers if they “put it in...more

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

French Labor Court Holds: Look The Other Way And Pay

France is world-renowned for its protection of employees against adverse employer actions, particularly unilateral terminations. Like virtually all other countries outside the United States, France does not recognize at-will...more

Mintz - Employment, Labor & Benefits...

NLRB Discusses Joint Employment for the First Time Since Browning-Ferris

The National Labor Relations Board, in one of its first applications of the Browning-Ferris decision, gave hope to non-union contracting entities engaged in franchising and subcontracting relationships. After an extensive...more

Foley & Lardner LLP

Employers Need to Consider Accommodation Requests Made at Any Time During a Disabled Employee’s Employment

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Can an employer simply ignore a request by a disabled employee for an accommodation made in a meeting that could lead to the employee’s termination? A recent federal case from Wisconsin says no. In the case, the former...more

Zelle  LLP

The Ten Most Important Rules for Employers

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Despite the complexity of employment law and the speed with which the law, technology, and the workplace are changing, there are a few basic principles that capture the best advice we can give to employers. They’re not a...more

Pullman & Comley - School Law

Disciplinary Investigations of Employees – Three Names to Know

Whenever an employer is considering disciplining an employee for misconduct, three names from 1967, 1975 and 1985 continue to be associated with employer investigations and interrogations, in much the same way that Mr....more

Foley & Lardner LLP

Unfortunately, Offensive Racial Comments Don’t Always Get You Fired (At Least Under Labor Law)

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Under the National Labor Relations Act, certain union activities are considered “protected.” That is, employees engaging in union activity, or union representatives carrying out their duties in the context of grievance...more

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