News & Analysis as of

Employment Policies Hiring & Firing Termination

Clark Hill PLC

Lactation Accommodation Results in Misconduct Firing, Tenth Circuit Affirms

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Here’s an interesting case that at first blush appears to be an accommodations case, but on a deeper dive is a workplace misconduct case. In Spagnolia v. Charter Communications LLC, The Tenth Circuit Appeals affirmed the...more

Ward and Smith, P.A.

Having the Talk: How Employers Should Prepare for Difficult Disciplinary Situations

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Every employee hired is expected to be a team player and integrate into the employer's culture to cultivate success. However, nearly all employers find out at some point that new hires do not always work out as planned....more

Weintraub Tobin

California Employment News: Considerations for Employment Termination (Podcast)

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Considerations for Employment Termination Navigate California's at-will employment landscape, ensuring professionalism and legality in employee termination. Nikki Mahmoudi and Tomiwa Aina of Weintraub Tobin's Labor and...more

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

Fifth Circuit Finds That Employee Failed to Provide Adequate Notice of Needing FMLA Leave

On March 19, 2024, in Cerda v. Blue Cube Operations, LLC, the U.S. Court of Appeals for the Fifth Circuit affirmed a district court’s grant of summary judgment for an employer, finding that the employee’s acts of informing...more

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

Connecticut Appellate Court Rules Employer Could Discharge Medical Marijuana User Impaired on the Job

On March 19, 2024, the Connecticut Appellate Court upheld an employer’s right to discharge an employee for being impaired on the job from medical marijuana under a state law that provides employment protections for qualified...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

Epstein Becker & Green

#WorkforceWednesday: Termination Meetings on the Record - Employment Law This Week®

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With virtual terminations on the rise, what steps should employers take to ensure they are prepared and compliant if an employee secretly records their termination? Epstein Becker Green attorneys Marc A. Mandelman and Lauri...more

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

Eleventh Circuit Upholds Ruling for Employer on ADA Claims Where Employee Submitted Noncompliant Return-to-Work Letter

On February 7, 2024, in Jones v. Georgia Ports Authority, the U.S. Court of Appeals for the Eleventh Circuit affirmed a district court’s grant of summary judgment for an employer where a former employee who requested an...more

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

Medical Marijuana Usage Is Not Protected Under the ADA, Vermont Federal Court Rules

On February 14, 2024, a judge of the U.S. District Court for the District of Vermont dismissed a plaintiff’s Americans with Disabilities Act (ADA) discrimination and failure-to-accommodate case, holding that his medical...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

Seyfarth Shaw LLP

Eleventh Circuit Holds FMLA Retaliation Requires “But-for” Showing

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Seyfarth Synopsis: The United States Court of Appeals for the Eleventh Circuit affirmed a district court’s decision that “but-for” is the proper causation standard for FMLA retaliation claims addressed within the...more

Woods Rogers

What's the Tea in L&E? Professional Breakup Advice: Convey Your Reason for Separation (or Termination)

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What’s the Tea in L&E is a video series focused on the latest trends and updates in labor and employment law. In this segment, Woods Rogers Vandeventer Black (WRVB) labor and employment attorneys Leah Stiegler and Emily...more

Constangy, Brooks, Smith & Prophete, LLP

I'm an employment lawyer. Here are 5 things you employers are doing wrong.

You won't want to miss this!!! You all probably read respectable news sources. I subscribe to a number of "sober" mainstream publications, but have a sick attraction to the Daily Mail and the New York Post....more

McDermott Will & Emery

Kündigungsschutz für GmbH-Geschäftsführer?

McDermott Will & Emery on

Das Bundesarbeitsgericht (BAG) hat sich in einer aktuellen Entscheidung (BAG, Urteil vom 20. Juli 2023 – 6 AZR 228/22) mit der Frage des Kündigungsschutzes von Geschäftsführern auseinandergesetzt, die auf Grundlage eines...more

Tucker Arensberg, P.C.

Teacher Discharged for Social Media Posts

Tucker Arensberg, P.C. on

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

Miller Canfield

Time is Money: Addressing Time Theft in the Workplace

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Every minute counts in the workplace, but what happens when employees start stealing worktime for personal gain? This important issue is known as time theft which is the act of employees taking advantage of company time for...more

Genova Burns LLC

To Click or Not to Click: NJ Appellate Division Reaffirms Enforceability of Electronic Arbitration Agreements

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On March 7, 2023, in Dakota Powell vs. Prime Comms Retail LLC, the New Jersey Appellate Division ruled that a former employee must arbitrate her claims of race discrimination, rather than pursue them in court due to her...more

Bradley Arant Boult Cummings LLP

Brain Tumor: A Little Too Little, Too Late — Sixth Circuit Addresses Late Disclosure of Disability

Employers sometimes face difficult decisions after learning of an employee’s disability. What if you learn of a disability after ongoing repeated employment deficiencies or even after a disciplinary or discharge decision...more

Troutman Pepper

Employer Justified in Terminating Employee Over Inappropriate Social Media Posts

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Q: Can a private employer terminate an employee for social media posts that violate internal policies? ...more

Sheppard Mullin Richter & Hampton LLP

President Biden Signs “Speak Out Act” Limiting the Enforceability of Non-Disclosure and Non-Disparagement Provisions in Sexual...

On December 7, 2022, President Biden signed the Speak Out Act (the “Act”) into law. The Act limits the enforceability of pre-dispute non-disclosure and non-disparagement clauses relating to sexual assault and sexual...more

Skadden, Arps, Slate, Meagher & Flom LLP

Reductions in Force: Legal Do’s and Don’ts

Reductions in force (RIFs) are making headlines as companies trim their worker ranks in the face of a weakening economy. Employers must decide whether to implement voluntary or involuntary RIFs (or both); the considerations...more

Blake, Cassels & Graydon LLP

Congédiement justifié d’un employé de longue date pour propos discriminatoires en opposition à une politique sur le port...

Un arbitre en Alberta a récemment confirmé le congédiement disciplinaire d’un employé de longue date dans l’affaire Federated Co-operatives Limited v. Miscellaneous Employees, Teamsters Local Union No. 987 of Alberta, 2022...more

Blake, Cassels & Graydon LLP

Un-Masking Discrimination: Employer Justified in Termination of 20-Year Employee for Discriminatory Comments Expressed in...

An Alberta arbitrator recently upheld an employer’s disciplinary termination of a long-term employee in Alberta Federated Co-operatives Limited v. Miscellaneous Employees, Teamsters Local Union No. 987 of Alberta, 2022 CanLII...more

ArentFox Schiff

California Bans Employment Discrimination For Marijuana Use

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California has enacted legislation broadly protecting employees from discrimination for the use of marijuana, which has been legal in the state since 2016. Governor Newsom signed Assembly Bill 1288 into law. It generally...more

Manatt, Phelps & Phillips, LLP

Nevada Supreme Court Sides With Employer in Marijuana Dispute

Demonstrating the challenges of differing state and federal laws with regard to marijuana, the Nevada Supreme Court dismissed a complaint filed by an employee terminated for a positive marijuana test....more

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