News & Analysis as of

Hiring & Firing

Hiring & Firing refers to the process of recruiting, interviewing and offering employment and the process of evaluating performance and dismissing employees. Hiring & Firing is a highly regulated area and... more +
Hiring & Firing refers to the process of recruiting, interviewing and offering employment and the process of evaluating performance and dismissing employees. Hiring & Firing is a highly regulated area and can create tremendous liability for employers who fail to properly adhere to acceptable employment practices. Some of the potential pitfalls in this area stem from discriminatory hiring practices, improper performance evaluations, and retaliatory firings.  less -

American Airlines and Envoy Air to Pay $9.8 Million to Settle EEOC Disability Suit

Airlines'Policies Discriminated Against Disabled Employees, Federal Agency Charges - PHOENIX - American Airlines and Envoy Air will pay $9.8 million in stock, which is worth over $14 million if cashed in today, and...more

Ontario, Canada: Limiting Bonus Entitlements When Employment Ends

by Littler on

The Ontario Court of Appeal recently upheld a lower court’s dismissal of an employee’s claim for payment of a bonus after resignation because the employer’s non-discretionary bonus policy included an “active employment”...more

District Court Case Highlights Advantages of ERISA Severance Plans

by Hogan Lovells on

Specialists have long touted certain significant advantages to employers that come along with maintaining ERISA severance plans, and a recent district court case highlights some of these advantages....more

Indiana Supreme Court Finds Negligent Hiring Claims Are Improper When Employers Admit Employee Was Acting Within Scope Of...

by Reminger Co., LPA on

The Indiana Supreme Court overturned a Court of Appeals decision issued earlier this year when, on October 31, 2017, it found that employers cannot be liable for negligent hiring when they admit that their employees were...more

Non-Compete News: Georgia Court of Appeals Confirms Lack of Geographic or Material Contact Limitation Does Not Invalidate...

by FordHarrison on

Georgia’s recent Restrictive Covenant Act, enacted in 2011, does not directly address non-solicitation of employees a/k/a non-recruitment covenants, thereby leaving such provisions subject to the principles developed by...more

New Employment Laws Will Require Changes for Most Employers in 2018

by Farella Braun + Martel LLP on

The 2017 California legislative session resulted in several new laws that will affect employers’ day-to-day operations and policies in 2018. Some of these new laws, including bans on criminal history and salary history...more

Mitigating Employment Litigation Landmines With Workplace Diversity and Inclusion Efforts

Meaningful diversity and inclusion efforts in the workplace have evolved from being the right thing to do to being the smart thing to do—and now they are quickly moving toward being the essential thing companies must do to...more

Extended Leave is an Accommodation – Maybe Not

by Ruder Ware on

As the after effect of the recent Seventh Circuit Court of Appeals decision about extended leave as an accommodation continues to develop, a serious question is developing of whether an employer is obligated to give an...more

US Employers Hiring In Canada – The Basics Part I: Good Bye Employment At-Will; Hello Entitlements

by Fisher Phillips on

Fisher Phillips’ International Employment Practice Group routinely counsels employers that are planning to move into the Canadian employment market (or have done so already without the requisite due diligence). In these...more

Looking into our Crystal Ball to Plan Ahead for H-1B Season

It’s hard to believe that H-1B season is around the corner! United States Citizenship & Immigration Services (“USCIS”) will start accepting new H-1B petitions for fiscal year 2019 on Monday, April 2, 2018. As such, employers...more

Employment News - November 2017 #2

by Hogan Lovells on

Prove it! Right to work in UK meant reason for dismissal not illegality - In Baker v Abellio London Ltd, the EAT confirmed that illegality was not the reason for the dismissal of an employee who had the right to work in...more

An Immigrant Story: Best Left Untold in Interview Process

by Shipman & Goodwin LLP on

Recently, I had the opportunity to see Rags, a new revival now running at the classic Goodspeed Opera House. I don’t often do theater reviews on this site, but I give it a thumbs up....more

Delaware Law Prohibits Employers from Requesting Compensation Information

by Morgan Lewis on

Employers may need to adjust hiring and recruiting practices before the law takes effect in December. On Thursday, December 14, 2017, a new law will take effect in Delaware forbidding employers from requesting compensation...more

Don’t Ask – Don’t Tell in Job Interview?

by Ruder Ware on

A number of states have passed legislation prohibiting an employer from asking a candidate for a new job about his or her salary history in other employment settings. While such a law has not passed in the State of Wisconsin,...more

Illinois Senate Fails to Override Governor’s Veto of Salary History Ban

Bucking the nationwide trend, Illinois was unable to pass a law prohibiting employers from asking job applicants about their salary history. On November 9, 2017, the Illinois Senate failed to override Governor Rauner’s veto...more

Agency Heads Discuss Changes in Regulatory Direction During Federalist Society Panel

by Littler on

The current leaders of the Department of Labor, Equal Employment Opportunity Commission, and National Labor Relations Board addressed transitions and regulatory plans at their respective agencies at a November 16 forum. ...more

Yoga and Massage Therapist Fired for Being “Too Cute” Sees Gender Discrimination Revived on Grounds of Unjustified Spousal...

A New York appeals court recently ruled in Edwards v. Nicolai (153 A.D.3d 440 (N.Y. App. Div. 1st Dep’t 2017)) that an employment termination motivated by the sexual jealousy of an employer’s spouse may support a claim for...more

U.K. Court Orders Employee To Hand Over Personal Computer

It is increasingly common that there are disputes with employees at the end of employment about whether or not they have taken or retained an employer’s confidential information. Most employers in the UK have a provision...more

California Restrictions on Asking Applicants for Prior Salary Information: FAQs

by Davis Wright Tremaine LLP on

We have previously analyzed the growing trend around the country to ban employer inquiries into an applicant’s prior salary. This advisory addresses frequently asked questions about the new California law, which goes into...more

Employees and sickness leave: limits to protection against dismissal / Salariés et incapacité de travail : limites la protection...

by Allen & Overy LLP on

Investigations of a private detective as a means of proof - As a result of the rules on the protection against dismissal, an employer may be prevented from dismissing an employee based on the submission of several sickness...more

Ontario Court Rules Working Notice Wrongly Applied in Mass Termination Class Action

The Ontario Superior Court of Justice (Superior Court) recently granted summary judgment in favour of a class of employees who were part of a “mass termination” following a business closure. The Superior Court’s decision in...more

California Law Restricts Employer’s Consideration of Job Applicants’ Criminal History

by Perkins Coie on

Governor Jerry Brown has signed A.B. 1008 which amends the California Labor Code effective January 1, 2018, to prohibit employers from considering or inquiring about “an applicant’s conviction history,” “arrests not followed...more

Chris Lazarini Provides Insight on Broker's Employment Retaliation Claims

by Bass, Berry & Sims PLC on

Bass, Berry & Sims attorney Chris Lazarini provided insight on a case in which a former commodities broker claimed her former employers retaliated against her for filing a civil rights complaint by causing her new employer to...more

Deportation and Employment Enforcement Likely to Increase with Nomination of New Director for ICE

Worksite immigration enforcement is likely to increase dramatically in the near future, and employers should make a thorough review of their hiring and employment practices to ensure they are compliant with federal laws and...more

New Law Prohibits Prior Salary Inquiries and Requires Pay Scale Disclosure on Request

by Ervin Cohen & Jessup LLP on

Effective January 1, 2018, California Assembly Bill 168 (AB 168) prohibits asking job applicants about their salary history (including other forms of compensation and benefits), or otherwise seeking this information. Further,...more

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