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Hiring & Firing › Family and Medical Leave Act (FMLA) › Corporate Counsel

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 -
Holland & Hart - Employers' Lawyers

Tenth Circuit Court of Appeals Upholds Workplace Policies Against Secret Recordings

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In recent years, the issue of secret recordings by employees has sparked considerable controversy. You may recall the recent incident involving an employee at CloudFlare, who filmed herself for nine minutes while questioning...more

Parker Poe Adams & Bernstein LLP

Fourth Circuit Expands Employer Protections Against Suspected FMLA Misuse

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While the Family and Medical Leave Act (FMLA) is designed to protect employees who suffer from a qualifying "serious health condition that makes the employee unable to perform the functions of" their job, its administration...more

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

Fifth Circuit Finds That Employee Failed to Provide Adequate Notice of Needing FMLA Leave

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On March 19, 2024, in Cerda v. Blue Cube Operations, LLC, the U.S. Court of Appeals for the Fifth Circuit affirmed a district court’s grant of summary judgment for an employer, finding that the employee’s acts of informing...more

Seyfarth Shaw LLP

Eleventh Circuit Holds FMLA Retaliation Requires “But-for” Showing

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Seyfarth Synopsis: The United States Court of Appeals for the Eleventh Circuit affirmed a district court’s decision that “but-for” is the proper causation standard for FMLA retaliation claims addressed within the...more

Poyner Spruill LLP

Employer Avoids “Cat’s Paw” Liability in FMLA Retaliation Case Through Independent Review

Poyner Spruill LLP on

The Family and Medical Leave Act (FMLA) prohibits employers from retaliating against employees for taking FMLA leave. In the case of Parker v. United Airlines, Inc., which recently reached the United States Court of Appeals...more

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

Fourth Circuit Reinstates Employee’s Claim That Social Media App Messages Provided Sufficient Notice of a Medical Absence

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On August 15, 2022, the U.S. Court of Appeals for the Fourth Circuit held in Roberts v. Gestamp West Virginia, LLC, that an employer’s “usual and customary” notice procedures relating to absences extended beyond the company’s...more

Parker Poe Adams & Bernstein LLP

Above-Average Performance Reviews Counter Employer's Grounds for Termination

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​​​​​​​“Grade inflation” is a well-known phenomenon in the academic sphere, where grade-point averages creep up over time despite the lack of performance-based reasons for the increase. Grade inflation can also be an issue...more

Butler Snow LLP

6th Circuit Reinstates Failure-to-Accommodate Claim Against Employer That Terminated Employee With Outstanding Leave Request

Butler Snow LLP on

Once an employee requests an accommodation, the employer has a duty to engage in an “interactive process” to try to determine whether the employer can accommodate the employee’s disability...more

Manatt, Phelps & Phillips, LLP

Seventh Circuit Signs Off on Termination After FMLA Leave

Manatt, Phelps & Phillips, LLP on

An employer with documented evidence of performance issues before an employee took leave under the Family and Medical Leave Act (FMLA) did not run afoul of the statute when it terminated the employee upon her return, the...more

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

Tenth Circuit Upholds Employer’s Decision to Deny Telework Accommodation Request Under Rehabilitation Act

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On September 15, 2021, the Tenth Circuit Court of Appeals upheld a district court’s grant of summary judgment in favor of an employer. In Brown v. Austin, the Tenth Circuit found that an employee’s telework, weekend work, and...more

Jackson Walker

Avoiding Retaliation Claims Under the Family Medical Leave Act

Jackson Walker on

In addition to requiring employers to accommodate employees requesting covered family or medical leaves, the federal Family Medical Leave Act (FMLA) prohibits retaliating against an employee for exercising FMLA rights. The...more

Littler

11th Circuit Finds Employee Conduct May Lead to Termination Even Where the Conduct is the Result of Mental Illness

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On May 27, 2021, in Todd v. Fayette County School District, a unanimous three-judge panel of the U.S. Court of Appeals for the Eleventh Circuit affirmed the propriety of a school district’s decision to end a mentally ill...more

Fisher Phillips

December 2020: The Top 18 Labor And Employment Law Stories

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It’s hard to keep up with all the recent changes to labor and employment law. While the law always seems to evolve at a rapid pace, there have been an unprecedented number of changes for the past few years—and this past month...more

Fisher Phillips

July 2020: The Top 17 Labor And Employment Law Stories

Fisher Phillips on

It’s hard to keep up with all the recent changes to labor and employment law. While the law always seems to evolve at a rapid pace, there have been an unprecedented number of changes for the past few years—and this past month...more

Fisher Phillips

What Employers Need To Know About DOL’s New Guidance On Return-To-Work, Remote Work, And Wage And Hour Issues

Fisher Phillips on

The Department of Labor issued several sets of new guidance materials to employers as return-to-work, remote work, and wage and hour issues remain hot – and sometimes confusing – topics. The agency recognizes that the...more

Proskauer - Labor Relations Update

NLRB Division of Advice Releases Deluge of Advice Memoranda Discussing COVID-Related ULP Charges, Confidentiality Rules,...

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On July 15, 2020, the National Labor Relations Board’s (“NLRB”) Division of Advice published 16 Advice Memoranda addressing myriad questions posed by various Regional Offices. While a majority of the Memoranda were drafted...more

Fisher Phillips

New COVID-19 Lawsuit Sends Warning To Employers Too Large To Be Covered By FFCRA

Fisher Phillips on

A terminated Kroger Co. distribution center worker has just sued the grocery store giant over its handling of absences for what she alleges were COVID-19 symptoms. The most interesting aspect of this claim is that the...more

Ward and Smith, P.A.

In-House Counsel Seminar Insights: Group Exercise Highlights Tricky Employment Law Issues

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Hammertime Security is a nationwide cybersecurity firm whose in-house counsel faces a slew of tricky legal problems: - Managers posting unprofessional content on social media - Employees publicly complaining about...more

Littler

Veterans Day: Going Beyond Giving a Day Off

Littler on

The tradition of annually recognizing the courage and contribution of our veterans dates back to November 11, 1919, the first anniversary of the end of World War I.  November 11th became a national holiday in 1938; employers...more

American Conference Institute (ACI)

[Event] Employment Practices Liability Insurance – Strategic Guidance For The Most Complex Epli Claim Coming Across Your Desk -...

American Conference Institute (ACI) on

Back by popular demand, ACI’s EPLI conference returns to New York City. Whether you are a claims manager, underwriter, risk manager, in-house or outside counsel, this is your most worthwhile opportunity to network and...more

Jackson Lewis P.C.

Regular, On-Site Attendance Is Essential Function Of Auditor Job, Sixth Circuit Rules

Jackson Lewis P.C. on

The Sixth Circuit previously explained in Hostettler v. College of Wooster, 895 F.3d 844 (6th Cir. 2018) that regular, in-person attendance is not a per se essential function of every job. Rather, employers must tie...more

Jackson Walker

Is There Anything Improper About Taking a Vacation During FMLA Leave?

Jackson Walker on

While posting vacation photos on Facebook during a leave under the Family and Medical Leave Act (FMLA) is probably not a stellar idea, the question of whether an employee can take a vacation during FMLA leave may not be so...more

Burns & Levinson LLP

Vacationing While on FMLA Leave Is Not Grounds For Termination

Burns & Levinson LLP on

Imagine, an employee in your organization advises that they need to take leave pursuant to the Family and Medical Leave Act to recover from an upcoming surgical procedure. Your organization approves the leave and then you...more

Seyfarth Shaw LLP

Whew! Fifth Circuit Reinforces Importance of Documenting Performance Issues

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Seyfarth Synopsis: In affirming summary judgment in favor of the defendant in an Family and Medical Leave Act (FMLA) interference and retaliation case, the Fifth Circuit reinforced the importance of documenting performance...more

Jackson Lewis P.C.

With Broad FMLA “Benefits” Interpretation, Sixth Circuit Faults “No-Fault” Attendance Policy

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Employers must carefully navigate Family and Medical Leave Act (“FMLA”) pitfalls when administering attendance policies. As illustrated by the Sixth Circuit’s decision in Dyer v. Ventra Sandusky, LLC, No. 18-3802 (6th Cir....more

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