News & Analysis as of June 1, 2025

Employment Litigation

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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 -

Start the Clock—The Case for Including Contractual Limitations Periods in Employment Agreements

Dickinson Wright on 4/30/2025

Contractual limitations periods provide parties on both sides of an agreement certainty regarding the filing of a potential action. But many employers do not know that they may include such contractual limitations periods in...more

Franchisor 101: Joint Employer? Check √

Lewitt Hackman on 5/1/2024

A Maryland federal district court denied a restaurant franchisor’s motion to dismiss, concluding that a restaurant manager at a franchised location alleged sufficient facts to support a finding that the franchisor is a joint...more

Franchisor 101: Salon Franchisor Weaved into Joint Employment Claims

Lewitt Hackman on 6/30/2023

A Michigan federal district court denied a franchisor’s motion to dismiss claims under Title VII of the Civil Rights Act of 1964 and Michigan law, and claims alleging retaliatory termination and sexually hostile work...more

Improper Job Application Questions Put Florida Employer in Jeopardy of Losing Workplace Disability Claim

Fisher Phillips on 12/16/2021

A Florida federal court just denied an employer’s effort to dismiss a disability discrimination claim filed by a legally blind applicant who alleges the employer asked improper pre-offer questions on its standard job...more

New Jersey's Supreme Court Upholds Reinstatement of Medical Cannabis User's Claim Under the New Jersey Law Against Discrimination

FordHarrison on 3/12/2020

On March 10, 2020, the New Jersey Supreme Court affirmed the reinstatement of a disability discrimination lawsuit filed by a medical cannabis cardholder against his former employer, after he was fired for failing a...more

Whistleblower Claim a No-Go for Employee who Voluntarily Resigned

Genova Burns LLC on 9/27/2019

The New Jersey Appellate Division in Portilla v. Maxim Healthcare Services, Inc., recently upheld the dismissal of a constructive discharge lawsuit by a registered nurse, lawyer, and self-described “paradigmatic...more

Ninth Circuit Finds No Foreign Arbitration Award to Uphold

Carlton Fields on 4/25/2019

Foreign arbitration awards must generally be upheld in the United States under treaty obligations. Upholding a foreign award requires that there actually be an arbitration award, however. For that matter, it requires an...more

Federal Appeals Court Expands Joint Employer Liability Theory For Agricultural Employers

Fisher Phillips on 2/12/2019

A federal appeals court just announced a sweeping change for agricultural employers that will make it easier for workers to bring discrimination claims against them under a joint employment theory. In last week’s EEOC v....more

Beware the Boilerplate: New Jersey Court Finds Discrimination from Language in an Unsigned Settlement Agreement

Genova Burns LLC on 12/4/2018

Just in time for Halloween, on October 31, 2018, a New Jersey federal court held that an unsigned, non-binding separation agreement could provide relevant background evidence of age discrimination, and that employers anywhere...more

N.Y. Decision May Hinder Early Class Action Settlements

Ballard Spahr LLP on 1/5/2018

The decision of the New York Court of Appeals, in Desrosiers v. Perry Ellis Menswear, LLC., and in Vasquez v. Nat'l Sec. Corp., has created a potential obstacle to early class action settlements in cases filed in New York...more

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Hiring & Firing › Motion to Dismiss › Employment Litigation

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