News & Analysis as of

Employer Liability Issues Hiring & Firing Employee Misconduct

Troutman Pepper Locke

Harassment in the Celebrity Workplace: Insights From It Ends With Us — Hiring to Firing Podcast

Troutman Pepper Locke on

It seems that even celebrities are not immune from workplace claims. In this episode of Hiring to Firing, hosts Tracey Diamond and Emily Schifter are joined by their Troutman Pepper Locke employment law partner, Sara...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

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

BCLP

UK HR Two-Minute Monthly: May 2024

BCLP on

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

BCLP on

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)

Weintraub Tobin on

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

Weintraub Tobin on

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 Locke

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

Troutman Pepper Locke on

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

Epstein Becker & Green

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

Epstein Becker & Green on

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

Amundsen Davis LLC

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

Amundsen Davis LLC on

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

Amundsen Davis LLC on

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...

Amundsen Davis LLC on

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

Amundsen Davis LLC on

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

Amundsen Davis LLC on

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

Troutman Pepper Locke

How to Combat Corporate Theft: Office Space - Hiring to Firing Podcast

Troutman Pepper Locke on

Corporate theft can happen in any workplace. What type of employee is most likely to steal from the company or its customers? What can companies do to combat this? Partners Tracey Diamond and Evan Gibbs chatted with Troutman...more

Littler

Alberta, Canada Arbitrator Finds Grievor’s “Off-Duty” Sexual Assault of Co-Worker is Just Cause for Employment Termination

Littler on

In Corporation of the City of Calgary v Amalgamated Transit Union, Local 583, 2023 CanLII 20867 (AB GAA), Arbitrator James T. Casey dismissed the union’s grievance of an employee’s job termination, finding that his off-duty...more

Parker Poe Adams & Bernstein LLP

Motive Behind Employer's Investigation Determines Retaliation Question

​​​​​​​Here’s another common scenario we see with clients: An employer has an especially difficult employee who has made multiple complaints about their treatment while at the same time performing terribly and missing...more

Bass, Berry & Sims PLC

Third Circuit Upholds Firing of Whistleblower Accused of Harassment by Oinking

On August 26, the U.S. Court of Appeals for the Third Circuit issued an order reaffirming that potential False Claims Act (FCA) whistleblowers are not immune from being fired for workplace misconduct, especially where that...more

Fisher Phillips

Unhappy New Year? South Carolina Employers Face New Lawsuit Worries After Supreme Court Decision

Fisher Phillips on

Employees in South Carolina who report workplace misconduct may soon find themselves personally named as defendants in employment lawsuits following a recent noteworthy decision from the South Carolina Supreme Court. Managers...more

Littler

Ontario, Canada Court Finds With-Cause Dismissal of Long-term Fiduciary Employee Justified

Littler on

In Goruk v. Greater Barrie Chamber of Commerce, 2021 ONSC 5005, the Ontario Superior Court found that the Chamber of Commerce (COC) was justified in dismissing with cause a 75-year-old, long-term employee with no prior...more

Littler

11th Circuit Finds Employee Conduct May Lead to Termination Even Where the Conduct is the Result of Mental Illness

Littler on

On May 27, 2021, in Todd v. Fayette County School District, a unanimous three-judge panel of the U.S. Court of Appeals for the Eleventh Circuit affirmed the propriety of a school district’s decision to end a mentally ill...more

Bennett Jones LLP

Labour Arbitrator Upholds Employee Termination After Surreptitious Interference with Employer's Virtual File Storage

Bennett Jones LLP on

In a recent labour arbitration decision, TELUS v United Steelworkers, Telecommunications Workers Union National Local 1944 (Heywood), Arbitrator Jolliffe, Q.C., upheld the termination of a long-service, unionized employee for...more

Littler

Ontario, Canada Superior Court Determines Employee Misconduct Did Not Justify Dismissal for Cause Without Notice

Littler on

In Czerniawski v. Corma Inc., 2021 ONSC 1514, the Ontario Superior Court of Justice concluded that a long-term employee’s misconduct did not justify dismissal for cause without notice. The court awarded 19 months’ common law...more

Littler

The Netherlands: Court Awards Damages to Manager Properly Fired for Misconduct Due to Unfair Investigation

Littler on

A recent Dutch Court of Appeal decision demonstrates the importance of conducting a fair investigation into charges of employee misconduct. The court in this case awarded “immaterial” damages to a manager whose job was...more

Cozen O'Connor

#No Filter: Terminating an Employee for Social Media Posts – Part 3

Cozen O'Connor on

Prior to the advent of social media, employers were generally comfortable drawing a bright line between what employees did on their own time and workplace misconduct. Those bygone times, however, have been replaced by a...more

58 Results
 / 
View per page
Page: of 3

"My best business intelligence, in one easy email…"

Your first step to building a free, personalized, morning email brief covering pertinent authors and topics on JD Supra:
*By using the service, you signify your acceptance of JD Supra's Privacy Policy.
- hide
- hide