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Hiring & Firing › Disciplinary Proceedings

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 -
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

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

Foley Hoag LLP

New York Restricts Employer Access to Employee Social Media Accounts

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On September 14, 2023, New York Governor Kathy Hochul signed a new law (A.836) that prohibits employers from requesting or requiring that employees or job applicants disclose the log-in information to their personal social...more

FordHarrison

Ja Morant’s Suspension: Key Takeaways For Handling An Employee’s Off Duty Misconduct

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On March 20, 2023, following an eight-game suspension, Memphis Grizzlies’ two-time All-Star point guard, Ja Morant, returned to play in a NBA basketball game against the Houston Rockets. Grizzlies’ fans welcomed back Morant...more

Stikeman Elliott LLP

End of the Line: Alberta Arbitrator Finds Off-Duty Sexual Assault of Co-Worker By Transit Operator Was Cause for Termination

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An Alberta labour arbitrator found an employer was justified in firing a unionized employee for just cause for his off-duty sexual assault of a co-worker. In Corporation of the City of Calgary v Amalgamated Transit...more

Burr & Forman

Employee Handbook or Employment Contract? The Alabama Supreme Court Holds Employee Handbooks Can Create Contractual Liability...

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Despite a disclaimer, the Alabama Supreme Court held the City of Montevallo’s Employee Handbook created a contract with employees that placed additional obligations on the City before it could terminate employees....more

Parker Poe Adams & Bernstein LLP

How Should Employers Address Refusal to Sign Disciplinary Warning?

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Recently we had an employer ask about how to react to an employee who adamantly refused to sign its standard disciplinary warning form. The employee had been counseled regarding deteriorating work performance but took issue...more

Ward and Smith, P.A.

To North Carolina Governmental Employers: Heads-Up – "Unreasonable Employee Discipline" Can Now Get You Sued

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No good deed goes unpunished - Little did City of Durham Police Sergeant Michael Mole' know, in his first crack at negotiating on his own the surrender of an armed and barricaded suspect, that he would be fired because he...more

Cozen O'Connor

#No Filter: Terminating an Employee for Social Media Posts – Part 4

Cozen O'Connor on

Prior to the advent of social media, employers were generally comfortable drawing a bright line between what employees did on their own time and workplace misconduct. However, those bygone times have been replaced by a modern...more

Bodman

Workplace Law Lowdown | Court’s Reminder to Employers: Be Consistent with Similarly-Situated Employees

Bodman on

When evaluating employee discipline or termination, there are a number of factors to consider: Did the employee have notice of the policy or rule he allegedly violated?...more

Blank Rome LLP

Riots and Pandemics: Can an Employer Discipline or Terminate Employees Who Participate in Political Rallies Outside of Work?

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The change in administrations has released a flood of protestors, some of whom have engaged in violent acts, while at the same time creating potential COVID-19 “super-spreader” events in the workplace. How should—and...more

Pullman & Comley - Labor, Employment and...

Speak No Evil: The NLRB Drops “Setting-Specific” Standards for Cases Involving Abusive Employee Speech Made in the Course of...

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The Trump-era National Labor Relations Board has struck again.  On July 21, 2020 in General Motors LLC, 14-CA-197985, 369 NLRB No. 127 (2020), the NLRB overruled longstanding precedent and rejected “setting-specific”...more

Seyfarth Shaw LLP

What To Do When Employee Misconduct And Protected Activity Collide?

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Seyfarth Synopsis: When an employee violates company rules or policies, a company is within its rights to respond with appropriate corrective action. How to respond, however, can become complicated when an employee engages in...more

Littler

Michigan Issues Executive Order Extending Retaliation Protections Amid COVID-19 Outbreak

Littler on

On April 3, 2020, Michigan Governor Whitmer issued an Executive Order prohibiting employers from discharging, disciplining, or otherwise retaliating against an employee for staying home from work because the employee tests...more

Littler

Littler Global Guide - Ireland - Q4 2019

Littler on

Supreme Court Confirms When an Employee is Entitled to Legal Representation - Precedential Decision by Judiciary or Regulatory Agency - On November 11, 2019, the Supreme Court upheld last year's decision of the Court of...more

FordHarrison

Cedar Rapids: When Business Conference Debauchery Ensues

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Anytime employees are sent on business trips, they represent the company. Often, the sanctity of that responsibility is preserved. Other times, it is not. Today’s column takes a look at a film that heavily follows the latter...more

Franczek P.C.

Recent Case Addresses Board of Education Dismissal of Tenured Teacher Over Hearing Officer Finding of No Cause

Franczek P.C. on

In a recent decision, the Appellate Court of Illinois rejected a school board’s decision to terminate a tenured teacher for misconduct despite a hearing officer’s finding that there was insufficient evidence of cause for...more

Akerman LLP - HR Defense

New Year Cheer from the NLRB

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The National Labor Relations Board (NLRB) delivered two New Year’s gifts to employers regarding deferral to arbitration and restrictions on union buttons....more

Sheppard Mullin Richter & Hampton LLP

NLRB Reinstates Broad Deferral of Discrimination Cases to Arbitration, Overruling the Obama Board’s 2014 Decision in Babcock &...

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The Trump National Labor Relations Board (Board or NLRB) gifted employers a significant win on the eve of the Christmas holiday with its December 23 decision in United Parcel Service, Inc., 369 NLRB No. 1 (UPS), which...more

Proskauer - Labor Relations Update

NLRB Gives End of Year Gift for Employers, Restores Longstanding Standard for Deferring to Arbitral Decisions

Proskauer - Labor Relations Update on

In yet another end-of-2019 decision overruling significant NLRA precedent, the Board reverted to the less stringent Spielberg / Olin standard for determining whether to defer to arbitration decisions in the context of Section...more

Ballard Spahr LLP

NLRB Revives Prior Standard on Arbitral Deference

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On December 23, 2019, the National Labor Relations Board (NLRB, or the Board) overturned an Obama-era decision regarding deference to labor arbitration proceedings....more

Hogan Lovells

Employment News: whistleblowing; unions; holidays

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It's not what you know – dismissal for whistleblowing despite dismissing manager's belief - In Royal Mail Group Ltd v Jhuti the Supreme Court has reinstated a decision that an employee was dismissed because she had blown...more

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

Global Newsletter: Ogletree Deakins International Employment Update - November 2019

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Welcome to the latest issue of the Ogletree Deakins International Employment Update - a newsletter aimed at human resources professionals and in-house employment counsel operating on an international basis. Please scroll...more

Littler

Canada: Alberta Court of Appeal Reminds Adjudicators to take a Modern Approach to Sexual Misconduct in the Workplace

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Two years after the #MeToo Movement made the prevalence of sexual harassment and sexual assault in the workplace known worldwide, the Alberta Court of Appeal in Calgary (City) v. Canadian Union of Public Employees Local 37,...more

Dorsey & Whitney LLP

Don’t Keep Your Employees in Suspense

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UK employers should proceed with caution when suspending employees, and always consider carefully whether taking such action is appropriate in the circumstances, as highlighted by the recent case in the Employment Appeal...more

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