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Hiring & Firing › Evidence

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

German Federal Labor Court Ruling Facilitates Presentation of Evidence When Notice of Termination Is Served by Registered Mail

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

Germany’s Federal Labor Court (Das Bundesarbeitsgericht (BAG)) recently held that there is prima facie evidence that a so-called registered letter is generally posted in the mailbox within the usual local mail delivery times....more

Array

This Week in eDiscovery: Judges Share Most Impactful Cases and eDiscovery Hiring Heats Up

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Every week, the Array team reviews the latest news and analysis about the evolving field of eDiscovery to bring you the topics and trends you need to know. This week’s post covers the week of February 26 to March 3. Here’s...more

Fisher Phillips

Recent Rulings Pave Way for More Workplace Bias Claims: 5 Steps for Florida Employers to Reduce Risk of Trial

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Two recent court rulings provide a roadmap for Florida employees and their attorneys to take their claims all the way to trial by building a convincing mosaic of circumstantial evidence. This means that now more than ever,...more

Stikeman Elliott LLP

I’m Listening: BC Appeal Court Confirms that Secretly Recording Colleagues Constitutes Just Cause

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In Shalagin v. Mercer Celgar Limited Partnership, 2023 BCCA 373 (“Shalagin”), the British Columbia Court of Appeal affirmed that surreptitiously recording fellow employees may constitute just cause....more

Association of Certified E-Discovery...

[Webinar] Both Sides of the Coin: Employee Separation from Two Perspectives - October 17th, 1:00 pm - 2:00 pm EDT

Association of Certified E-Discovery... on

Employee separation is an event that commonly involves investigations and litigation, as well as eDiscovery. Cases can rely heavily on electronic evidence, so Dr. Gavin W. Manes of Avansic and Craig Ball of Ball in Your Court...more

Carlton Fields

New Hampshire Supreme Court Vacates Arbitration Award Based on “Plain Mistake” of Law

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The city of Portsmouth terminated a police officer in the wake of a bequest made to the officer by a 92-year-old woman he had met while on duty. The officer had assisted the woman in finding an attorney to draft a new will...more

Constangy, Brooks, Smith & Prophete, LLP

Stupid plaintiff tricks: Faking emails to win

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People, it doesn't work. There was a court decision last week from my home state of North Carolina that left me shaking my head. A social worker sued her ex-employer, a non-profit, claiming (among other things) that she...more

DCI Consulting

[Webinar] Expert Summit for Employment Attorneys: Understanding Validation Strategies Under the Uniform Guidelines - February...

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The Uniform Guidelines on Employee Selection Procedures (UGESP) have been used by EEOC, OFCCP, and the courts to regulate, litigate, and enforce anti-discrimination laws in the use of employee selection practices since their...more

Hogan Lovells

Die Reform des Nachweisgesetzes und ihre Folgen für Gestaltung und Abschluss von Arbeitsverträgen

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Das Nachweisgesetz erfährt mit Wirkung zum 1. August 2022 die größte Reform seit seinem Inkrafttreten im Jahr 1995. Der nun vorgestellte Regierungsentwurf verschafft ein klares Bild über die geplanten Neuerungen und,...more

Bodman

Sixth Circuit Rejects Plaintiff’s Claim of “Hyper-Scrutiny” as Evidence of Discrimination

Bodman on

In Boshaw v. Midland Brewing Company, Midland Brewing’s former restaurant operations manager, Boshaw, claimed he was terminated because of his “sexuality” in violation of Title VII and Michigan’s Elliott Larsen Civil Rights...more

Proskauer - Law and the Workplace

Fifth Circuit Affirms Dismissal of ADEA Claim Lacking Evidence of Age-Bias

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On March 11, 2022, the United States Court of Appeals for the Fifth Circuit affirmed summary judgment, dismissing a Texas city employee’s claim that he had been unlawfully terminated from his job because of his age. The Fifth...more

Littler

The Netherlands: Get the tape rolling…

Littler on

It is becoming increasingly common for employees in the Netherlands to record the smartphone conversations they have with their employers in order to collect evidence, exert some pressure, or for use in court proceedings,...more

Lewitt Hackman

Unlawful, or Just Mean? California Appellate Court Decides Discrimination Case

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People with disabilities have legal protections under both federal and state law. California’s Fair Employment and Housing Act (FEHA) prohibits an employer from taking adverse actions against a person because of a person’s...more

Butler Snow LLP

#MeToo sexual harassment claims against court clerk go to jury trial

Butler Snow LLP on

Like Title VII of the Civil Rights Act of 1964, the Tennessee Human Rights Act (THRA) forbids sexual harassment as a form of sex discrimination. To be actionable, the harassment must be so severe or pervasive that it creates...more

Bradley Arant Boult Cummings LLP

Good Reasons Sometimes Win: 5th Circuit Cites “Unprofessional Behavior” of Plaintiff in Dismissing ADEA Claim

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Add this case to your “Be Sure to Document Your Non-Discriminatory Reasons” file. An employee doing bad things lost on summary judgment in an employment discrimination action, even though she alleged that the company did not...more

Polsinelli

Protected Activity or Terminable Misconduct? — Government Contractor Update

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It has become almost routine for employees pursuing whistleblower and other employment-related claims against their employer to engage in "self-help discovery," using their access to files and databases to collect and gather,...more

Hanzo

Are Your Emojis Saying What You Think They Are? A Cautionary Tale From Harrison V. City Of Tampa

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How are you preserving emojis for ediscovery? Hold on just a minute. Do people really use emojis in a business setting? You bet, though not everyone is on board. But now that offices are more dispersed than ever—and...more

Hogan Lovells

Employment News: protected conversations, working time, investigations

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It's no secret – protected conversation potentially admissible - The EAT decided in Harrison v Aryman Ltd that a claimant could potentially rely on a protected conversation in evidence. This was the case even though she...more

Seyfarth Shaw LLP

Second Circuit Rules Against Plaintiff in AutoZone Case and Allows Nixing of her Deposition

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Seyfarth Synopsis: In affirming summary judgment in favor of AutoZone, the Second Circuit rules that a sales associate did not provide enough evidence to satisfy her burden of proof for sex discrimination, retaliation and...more

Seyfarth Shaw LLP

Federal Court Rules That Employer Is Not Entitled To EEOC’s Pre-Suit Materials

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Seyfarth Synopsis: After a federal magistrate judge in California ordered the EEOC to provide written discovery responses relative to the substance its pre-suit investigation of a sex discrimination charge in EEOC v. Chipotle...more

Rumberger | Kirk

No Longer A Mess: En Banc Eleventh Circuit Clarifies the Standard for Similarly Situated Comparators

Rumberger | Kirk on

Last month, the en banc Eleventh Circuit clarified the appropriate standard for analyzing “similarly situated” comparator evidence in Title VII intentional-discrimination cases. Lewis v. City of Union City, Ga., --- F.3d...more

McAfee & Taft

Be Careful What You Say: The danger of the charge of discrimination

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It’s tempting for employers to shrug off the allegations contained in a charge of discrimination or similar agency filing – viewing them as unfounded, unsupported and self-serving. Or worse, an employer may attack the...more

Jackson Lewis P.C.

Eleventh Circuit Clarifies Its ‘Similarly Situated’ Standard For Workplace Discrimination Claims

Jackson Lewis P.C. on

The proper standard for comparator evidence in cases alleging intentional discrimination is “similarly situated in all material aspects,” the U.S. Court of Appeals for the Eleventh Circuit has clarified in an en banc ruling....more

Womble Bond Dickinson

Alabama District Court Examines Emotional Distress Damages under FCRA

Womble Bond Dickinson on

Courts across the country differ on what is required to prove emotional distress damages under the FCRA. The Eleventh Circuit has proven to be no exception. In Johnathan Rodriguez v. General Information Services, No....more

Butler Snow LLP

Court Blows the Whistle on Sevierville Police Officer's TPPA Claims

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Under the Tennessee Public Protection Act (TPPA), also known as the “whistleblower statute,” it is unlawful to fire an employee “solely for refusing to participate in, or for refusing to remain silent about, illegal...more

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