News & Analysis as of

Hiring & Firing › Appeals

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 -
BCLP

Whistleblowing Job Applicants, Discrimination Outside Employment, and Liability for HR Consultants, Plus a News Roundup - UK HR...

BCLP on

Our employment law update for May covers a new EAT case on whether job applicants can bring whistleblowing claims, whether a blatant racial insult falls outside the scope of the Equality Act 2010 because it was not made “in...more

Constangy, Brooks, Smith & Prophete, LLP

Out again: Supreme Court pauses reinstatement of ex-NLRB Member Wilcox, one other former official

Constangy, Brooks, Smith & Prophete, LLP on

The U.S. Supreme Court on May 22 stayed the reinstatement of Gwynne Wilcox, a former member of the National Labor Relations Board, and Cathy Harris, a former member of the Merit Systems Protection Board. Both women were...more

Sheppard Mullin Richter & Hampton LLP

Supreme Court Decides Against Reinstating Wilcox to NLRB as They Rule on Her Termination – NLRB Remains Without a Quorum

Sheppard Mullin Richter & Hampton LLP on

On May 22, 2025, the U.S. Supreme Court ruled National Labor Relations Board (“NLRB”) Member Gwynne Wilcox cannot return to work while she challenges President Donald Trump’s decision to terminate her without cause. The...more

Morrison & Foerster LLP

Ousted CPSC Democrats Fight Back Against President Trump

Morrison & Foerster LLP on

The three Democratic commissioners of the Consumer Product Safety Commission (CPSC) who President Trump fired two weeks ago will not go down without a fight. Earlier this week they sued the president, arguing his unilateral...more

Proskauer - Labor Relations Update

NLRB Stalemate Continues: Supreme Court Keeps Wilcox Sidelined For Now

Proskauer - Labor Relations Update on

On May 22, 2025, the U.S. Supreme Court issued a decision granting President Trump’s emergency application to stay D.C. Circuit Court orders that reinstated National Labor Relations Board (“NLRB” or the “Board”) member Gwynne...more

Orrick, Herrington & Sutcliffe LLP

Looking for a "Digital Native" in a Job Ad is Discriminatory!

Orrick, Herrington & Sutcliffe LLP on

The regional labor court (Landesarbeitsgericht) ("LAG") Baden-Württemberg decided that an applicant can claim compensation for discrimination based on a job ad that said the employer was looking for a "digital native" (17 Sa...more

Ballard Spahr LLP

DOJ lawyers, National Treasury Employees Union attorney square off in appeals court over CFPB firings

Ballard Spahr LLP on

Despite massive attempted layoffs and cancellation of third-party vendor contracts, the Trump Administration did not and does not intend to shut down the CFPB, a Justice Department attorney told a federal appeals court on...more

Orrick, Herrington & Sutcliffe LLP

Appeals court reinstates injunction against CFPB’s workforce reduction, requiring assessment of employee necessity

Orrick, Herrington & Sutcliffe LLP on

On April 28, the U.S. Court of Appeals for the District of Columbia Circuit issued an order reinstating a preliminary injunction against the CFPB’s proposed reduction in force (RIF). The U.S. District Court for the District...more

Sheppard Mullin Richter & Hampton LLP

D.C. Circuit Reinstates Injunction Blocking CFPB’s Mass Layoffs 

Sheppard Mullin Richter & Hampton LLP on

On April 28, the U.S. Court of Appeals for the D.C. Circuit reinstated a district court order blocking the CFPB from conducting a large-scale reduction in force. The decision reversed an earlier partial stay that had...more

Parker Poe Adams & Bernstein LLP

Shifting Eliminated Position's Duties to Nondisabled Workers Not Evidence of Discrimination

Parker Poe Adams & Bernstein LLP on

Employers sometimes believe that eliminating a job position instead of terminating an employee for poor performance gives them a "get out of jail free" card for purposes of avoiding legal claims associated with the decision....more

Pietragallo Gordon Alfano Bosick & Raspanti,...

Losing My Religion? 8th Circuit Finds that Freedom of Religion is Not a Justification for Employee Conduct

Pietragallo Gordon Alfano Bosick & Raspanti,... on

The past few decades have seen a Supreme Court receptive to claims brought on the basis of freedom of religion. For example, in Burwell v. Hobby Lobby Stores, Inc. (June 2014), the Supreme Court ruled that the Affordable Care...more

Ballard Spahr LLP

GAO agrees to investigate attempted CFPB firings, other recent bureau actions

Ballard Spahr LLP on

The Government Accountability Office has agreed to investigate recent CFPB moves to fire more than 1,400 employees and the impact it and other agency actions have had on the bureau’s ability to operate....more

Dickinson Wright

Start the Clock—The Case for Including Contractual Limitations Periods in Employment Agreements

Dickinson Wright on

Contractual limitations periods provide parties on both sides of an agreement certainty regarding the filing of a potential action. But many employers do not know that they may include such contractual limitations periods in...more

Ballard Spahr LLP

Trump Administration appeals ruling that blocked CFPB firings

Ballard Spahr LLP on

The Trump Administration has appealed an order by a federal District Court Judge blocking the CFPB from firing 1483 employees effective in June 2025 and cutting off their access to CFPB work systems on April 18, 2025....more

Troutman Pepper Locke

D.C. Circuit Court Partially Stays Injunction in NTEU v. CFPB

Troutman Pepper Locke on

On April 11, the U.S. Court of Appeals for the District of Columbia Circuit issued an order partially staying the district court’s preliminary injunction in the ongoing legal dispute between the National Treasury Employees...more

FordHarrison

Supreme Court Temporarily Stays Reinstatement of NLRB Member Wilcox

FordHarrison on

National Labor Relations Board (NLRB) Member Gwynne A. Wilcox is out of a job, again, for the third time in less than four months....more

Holland & Knight LLP

D.C. Circuit Limits Prohibition on CFPB Staff Terminations Pending Appeal

Holland & Knight LLP on

In a per curiam order, a three-judge panel of the U.S. Court of Appeals for the District of Columbia Circuit on April 11, 2025, partially stayed a preliminary injunction halting any attempt to dismantle the CFPB. Judges...more

Jackson Lewis P.C.

Potential Unlawful Conduct + Employment Decisions: Wisconsin Court Redefines Arrest Record Discrimination

Jackson Lewis P.C. on

The Wisconsin Supreme Court has clarified that non-criminal, municipal citations are covered by the prohibition on arrest record discrimination under the Wisconsin Fair Employment Act (WFEA). The court also narrowed the...more

Ballard Spahr LLP

Eighth Circuit Court of Appeals Finds Remote Employee Who Did Not Reside or Work in Minnesota Is Not Protected by the Minnesota...

Ballard Spahr LLP on

A three-judge panel of the 8th Circuit Court of Appeals for the Eighth Circuit recently issued a decision in Kuklenski v. Medtronic USA, Inc., No. 24-1310 (8th Cir. Apr. 9, 2025), finding that the definition of “employee” in...more

Ballard Spahr LLP

DC Circuit so far largely upholds Judge Jackson’s order preliminarily enjoining the CFPB Acting Director from shutting down the...

Ballard Spahr LLP on

On Friday, April 11, a panel of the D.C. Circuit Court of Appeals modified Judge Jackson’s preliminary injunction order of March 28 pending appeal, as follows...more

Orrick, Herrington & Sutcliffe LLP

U.S. Supreme Court stops district court’s order to reinstate workers

Orrick, Herrington & Sutcliffe LLP on

On April 8, the U.S. Supreme Court stayed a preliminary injunction issued by the U.S. District Court for the Northern District of California on reinstating federal workers. The case arose from a lawsuit in which the...more

Ballard Spahr LLP

Chief Justice temporarily allows Trump Administration to fire members of independent agencies

Ballard Spahr LLP on

Chief Justice John Roberts has issued a temporary stay of a decision by the U.S. Court of Appeals for the District of Columbia that barred the Trump Administration from firing members of two independent agency boards....more

Sheppard Mullin Richter & Hampton LLP

Chief Justice Roberts Allows Trump to Remove Wilcox from NLRB as the Supreme Court Considers the Challenge to Her Dismissal

Sheppard Mullin Richter & Hampton LLP on

National Labor Relations Board (“NLRB”) Member Gwynne Wilcox is out of a job for the third time in less than four months. Since President Donald Trump terminated Wilcox from her position on January 28, 2025, Wilcox’s...more

Weintraub Tobin

Whiplash at the NLRB

Weintraub Tobin on

On April 7, 2025, National Labor Relations Board (NLRB) Member Gwynne Wilcox was again reinstated after initially being fired by President Trump in a short email on January 27, 2025, stating that he had lost confidence in...more

Proskauer - Labor Relations Update

U.S. Supreme Court Temporarily Stays NLRB Board Member Reinstatement; Board to Again Without a Quorum

Proskauer - Labor Relations Update on

On April 9, 2025, the Supreme Court of the United States issued a brief order, staying the District Court’s order reinstating former National Labor Relations Board (“NLRB” or “Board”) Member Gwynne A. Wilcox. The Board is...more

606 Results
 / 
View per page
Page: of 25
Next »

"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:
Sign up Log in
*By using the service, you signify your acceptance of JD Supra's Privacy Policy.
- hide
- hide