News & Analysis as of

Hiring & Firing › Americans with Disabilities Act (ADA) › Workers' Compensation Claim

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 -
Bricker Graydon LLP

[Event] Employment Law Hot Topics - November 8th, Columbus, OH

Bricker Graydon LLP on

Bricker & Eckler’s annual “Hot Topics” seminar provides human resources professionals and in-house attorneys with insight into ongoing and emerging labor and employment issues. This year, we are pleased to partner with Scotts...more

Foster Swift Collins & Smith

[Hybrid Event] What Employers Need to Prepare for in 2023 - October 12th, 9:00 am - 11:30 am ET

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There is a lot that employers need to prepare and plan for in 2023. Join us at our Fall 2022 Labor & Employment Law Update which will discuss major issues and developments that your company needs to address now...more

Morgan Lewis

NJ Workers’ Comp Law Requires Employers to Give Hiring Preference To Previously Injured Employees

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New Jersey Governor Phil Murphy signed into law Bill A-2617/S-2998, an amendment to the New Jersey Workers’ Compensation Law that will require employers to provide a “hiring preference” to any employee who has reached maximum...more

Constangy, Brooks, Smith & Prophete, LLP

Employer Gets Whacked On Workers' Comp, FMLA Overlap

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Bless this employer's heart. Ten years ago or so, every employment lawyer and his sister was calling the interaction between workers' compensation, the Family and Medical Leave Act, and the Americans with Disabilities Act...more

Verrill

2019 Wrap Up: Tis the season to be jolly...and anxious...and depressed - Mental Health and Employment Law now and in 2020

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The last decade has brought with it a significant increase in the number of claims stemming from allegations of discrimination or retaliation as a result of mental health conditions. While we often see an increase in anxiety...more

Ward and Smith, P.A.

Oden's "Top 4" Issues for Employers for 2018 (So Far)

Ward and Smith, P.A. on

What follows are the "Top 4" issues or some variation/combination (in no particular order) that I have discussed with employers so far in 2018. Some may seem like common sense for the more seasoned Human Resource Director,...more

Littler

Workplace Policy Institute Insider Report — November 2016

Littler on

Littler's Workplace Policy Institute Insider Report details key labor, employment, and benefits news and events at the federal, state, local, and global levels. The November edition of the Insider Report turns a spotlight on...more

McNees Wallace & Nurick LLC

5 Steps Every Employer Should Take To Effectively Manage Workers' Compensation Claims

McNees Wallace & Nurick LLC on

Enacted in 1915, Pennsylvania’s Workers’ Compensation Act was viewed as a “great compromise,” with both sides giving up important safeguards. In exchange for medical and economic benefits, employees surrender their right...more

Bradley Arant Boult Cummings LLP

Remember the ADA: Workers’ Comp Claims Count Too!

Bradley Arant Boult Cummings LLP on

Regardless of your state’s workers’ compensation laws, covered employers must always keep the Americans with Disabilities Act (ADA) in mind when wrestling with whether to ask job applicants about prior workers’ compensation...more

FordHarrison

Tennessee Supreme Court Throws Out Applicant's Workers' Compensation Retaliation Claim Against Prospective Employer

FordHarrison on

On August 21, 2015, the Tennessee Supreme Court held that a job applicant does not have a cause of action under the Tennessee Workers' Compensation Act (TWCA) against a prospective employer for failure to hire based on the...more

BakerHostetler

Has the Fifth Circuit Opened the Door for Potential Liability of Staffing Companies?

BakerHostetler on

In Burton v. Freescale Semiconductor Inc. and Manpower of Texas, LP, No. 14-50944, — F.3d —-, 2015 WL 4742174 (5th Cir. Aug. 10, 2015), the Fifth Circuit reversed the district court’s grant of summary judgment for two...more

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