News & Analysis as of

Hiring & Firing › Failure to Notify

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 -
Fisher Phillips

Massachusetts Employers Facing a Wave of Lie Detector Litigation: Why You Need to Review Your Applications to Ensure Compliance

Fisher Phillips on

In recent months, Massachusetts employers have seen a flurry of lie detector-related litigation – all because unsuspecting employers failed to include a necessary disclaimer in their applications. A relatively obscure state...more

Payne & Fears

Are My Employees Working Multiple Jobs? 

Payne & Fears on

“Double-dipping” (sometimes called “overemployment”) refers to employees working multiple jobs, often full time.  In many circumstances, the multiple employers are unaware of one another. Double dipping creates legal...more

Bradley Arant Boult Cummings LLP

Brain Tumor: A Little Too Little, Too Late — Sixth Circuit Addresses Late Disclosure of Disability

Bradley Arant Boult Cummings LLP on

Employers sometimes face difficult decisions after learning of an employee’s disability. What if you learn of a disability after ongoing repeated employment deficiencies or even after a disciplinary or discharge decision...more

Seyfarth Shaw LLP

Nuclear Power Company Avoids ADA Discrimination Claim Meltdown

Seyfarth Shaw LLP on

Seyfarth Synopsis: In Flaherty v. Entergy Nuclear Operations, Inc., ___ F.3d ___, No. 18-1759, 2019 WL 7046367, at *1 (1st Cir. Dec. 23, 2019), the First Circuit struck a terminated nuclear plant security officer’s...more

Mintz - Arbitration, Mediation, ADR...

An Employer’s Notice to Employees of a Mandatory Arbitration Program May be Insufficient Basis to Compel Arbitration

Mintz - Arbitration, Mediation, ADR... on

Arbitration is of course a creature of contract, and so a party may not be compelled to arbitrate unless it has agreed, or is deemed to have agreed, to arbitrate a dispute. An offeree may be deemed to have manifested its...more

Saul Ewing Arnstein & Lehr LLP

Court OKs Revocation of Job Offer Based on Applicant’s Failure to Disclose Criminal History

Saul Ewing Arnstein & Lehr LLP on

Earlier this month?, the Middle District of Pennsylvania ruled that the Pennsylvania Criminal History Record Information Act (“CHRIA”) does not prohibit an employer from refusing to hire an applicant based upon the...more

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