News & Analysis as of September 18, 2024

Hiring & Firing › Coercion

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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 -

Unanimous NLRB: Context Matters – Asking Employee Whether He Saw Union Organizer Not Unlawful Interrogation

Proskauer - Labor Relations Update on 2/14/2019

How the NLRB treats employer statements made to employees in the context of union organizing or other protected activity has been a frequent topic of discussion. While the actual case law analyzing the coerciveness of an...more

Employee Need Not Give Severance Back Before Moving Forward

Foley & Lardner LLP on 8/28/2018

An employee signs a separation agreement and receives severance pay. The employee then has second thoughts, alleges she was coerced into signing the agreement, and wants to pursue her discrimination claims in court. Must the...more

NLRB Rejects “Constructive Denial of Transfer” and “Threat” Theories of Unfair Labor Practice Liability

Proskauer - Labor Relations Update on 8/28/2018

As we hurtle toward Labor Day, and the probable onslaught of decisions, and as NLRB Member Pearce’s tenure ends on August 27, the Board has been issuing a steady stream of cases. Many of these appear to be garden variety type...more

Spring Is In The Air! But Telling Your Employees You Love Them Could Cost You $5 Million

Fisher Phillips on 5/1/2018

19th-century British poet Alfred Tennyson once said, “In the Spring, a young man’s fancy lightly turns to thoughts of love.” And while you might hold a certain amount of affection for your employees this time of year and want...more

Jury Awards $5.1 Million For Workers in EEOC Religious Discrimination Case Against United Health Programs of America, Inc. And...

U.S. Equal Employment Opportunity Commission... on 4/27/2018

Health Network Violated Federal Law by Creating a Hostile Work Environment through Forced Participation in Religious Activities, Jury Found - NEW YORK - Following a three-week trial, on April 25, a unanimous Brooklyn...more

The Devil Is In the Details: New Board Members Likely To Change Law In Nuanced Ways

Proskauer - Labor Relations Update on 10/10/2017

The end of September in most years sees a spate of new NLRB decisions, sometimes dozens, issued on or about September 30, to coincide with the end of the agency’s fiscal year. Not so this past September 30 because of the...more

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