News & Analysis as of September 19, 2024

Hiring & Firing › Public Employees

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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 -

FMLA Doesn’t Shield Employee From Dismissal Due to Misconduct Prior to Leave Request, District Court Rules

Ogletree, Deakins, Nash, Smoak & Stewart,... on 5/10/2024

On April 29, 2024, in McBeath v. City of Indianapolis, the U.S. District Court for the Southern District of Indiana granted summary judgment in favor of the City of Indianapolis on a plaintiff’s claims for Family and Medical...more

Joint Employment and the Cat’s Paw: Oregon Court of Appeals Sets Precedent

Littler on 4/23/2024

On April 17, 2024, the Oregon Court of Appeals recognized a government employee’s whistleblower claim under state law against a city that employed him under an intergovernmental agreement with another city. ...more

New York Appellate Court Reverses Order Compelling Arbitration, Holds Collective Bargaining Agreement Arbitration Provisions...

Carlton Fields on 6/29/2023

New York statutes classify certain civil service positions as exempt where such positions are confidential in nature and require personal qualities that cannot practicably be tested by an examination. These positions are...more

Court Rules That Inflammatory Social Media Posts by a Public Employee Are Not Protected by the First Amendment

Tucker Arensberg, P.C. on 6/2/2023

Vallecorsa v. Allegheny Cty., No. 2:19-CV-1495-NR, 2022 U.S. Dist. LEXIS 206720, at *2 (W.D. Pa. Nov. 15, 2022). United States District Court for the Western District of Pennsylvania holds that Allegheny County (“County”) did...more

Latest Developments from the Connecticut General Assembly: The Labor and Public Employees Committee Has Spoken (Part Two-Wage and...

Pullman & Comley - Labor, Employment and... on 4/19/2023

We have written about the General Assembly’s Labor and Public Employees Committee’s final flurry of activity of approving and advancing bills out of committee. In addition to the bills that we have already summarized, here...more

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

Stikeman Elliott LLP on 4/6/2023

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

When Firing An Employee Isn’t The Final Action of An Agency

Obermayer Rebmann Maxwell & Hippel LLP on 3/9/2023

The public will need to wait longer to obtain information about fired police officers and potentially other public employee terminations due to a recent Commonwealth Court ruling. As an exception to an exemption, the...more

Sixth Circuit Decision In Police Officer Termination Case Offers Valuable Insights for Public Employers in Addressing Complaints...

Hinshaw & Culbertson - Employment Law... on 7/28/2022

Public employers have interests that differ from private employers. While both types of employers seek to increase their revenues, public employers have additional concerns that can take priority over short-term budgetary...more

Latest Developments from the Connecticut General Assembly: The Labor and Public Employees Committee Begins to Speak (UPDATED)

Pullman & Comley - Labor, Employment and... on 3/16/2022

At its March 10, 2022 meeting, the General Assembly’s Labor and Public Employees Committee began the process of approving bills. The following is a brief summary of the bills that the Committee voted favorably on and...more

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

Ward and Smith, P.A. on 10/14/2021

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

50 State Update On Pending Legislation Pertaining To Employer-Mandated Vaccinations

Husch Blackwell LLP on 3/5/2021

Per recent federal employment law guidance, private employers can generally require employees to get vaccinated for COVID-19 as long as they comply with federal employment laws that prohibit discrimination on the basis of...more

Off-Duty Facebook Post Grounds For Termination Of Public Employee, Pennsylvania Supreme Court Rules

Fisher Phillips on 5/29/2020

(Public) employers rejoice! In a unanimous decision, the Pennsylvania Supreme Court just ruled that PennDOT did not violate an ex-employee’s free speech rights by firing her over a Facebook rant in which the ex-employee said...more

Perhaps Silicon Valley’s Pied Piper Could Use Good Employment Counsel

FordHarrison on 2/5/2020

I am currently bingeing my way through HBO’s Silicon Valley after not having watched the show for several years (I’ve always found it entertaining enough, but life, you know?). The series chronicles the experiences of a small...more

UPDATE - Columbia, South Carolina Enacts Ban-the-Box Law for City Employers

Seyfarth Shaw LLP on 11/1/2019

Seyfarth Synopsis: The Columbia, South Carolina Mayor Steve Benjamin has signed a new law prohibiting City employers - but NOT private employers - from inquiring about an applicant’s criminal history until receipt of a...more

Ohio Supreme Court Restricts Wrongful-Discharge Claims by Probationary Public Employees

Ogletree, Deakins, Nash, Smoak & Stewart,... on 9/25/2019

The Supreme Court of Ohio recently confirmed that public employees in their probationary periods are not entitled to the same protections with regard to employment termination that tenured civil servants enjoy. In Miracle v....more

CalPERS Board Decision on Contract Workers Will Not Become Precedential. Now What? - Contract Workers May Still Be Reclassified as...

Best Best & Krieger LLP on 6/6/2019

The CalPERS Board of Administration will not consider whether to establish the Tracy Fuller decision as a CalPERS precedent, we have confirmed. While the decision to not pursue Fuller as a precedential decision is welcome...more

Environmental Reporting: Federal Court Addresses Employee First Amendment/Public Employer Retaliation Claim

Mitchell, Williams, Selig, Gates & Woodyard,... on 1/28/2019

A United States District Court (M.D. Fla.) (“Court”) addressed a Motion to Dismiss related to a First Amendment employment retaliation case. See Chustz v. City of Marco Island, 2019 WL 277705. The Court’s January 22nd...more

[Podcast]: Looking Back: Highlights in Labor and Employment Law from 2018

Proskauer - Law and the Workplace on 1/25/2019

In this episode of The Proskauer Brief, partner Steven Hurd and partner Adam Lupion discuss developments from some of the key cases in labor and employment law in 2018. We will discuss notable cases from the United States...more

November 2018: The Top 12 Labor And Employment Law Stories

Fisher Phillips on 12/4/2018

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

The “Modernization” of the Canada Labour Code: Major Changes to Federal Workplaces Under Bill C-86

Ogletree, Deakins, Nash, Smoak & Stewart,... on 11/8/2018

Workplace laws in Canada are in a state of flux following several announcements made by provincial and federal governments in recent weeks. For example, the federal government announced its intention to introduce proactive...more

Supreme Court Decides Mount Lemon Fire District v. Guido

Faegre Drinker Biddle & Reath LLP on 11/7/2018

On November 6, 2018, the Supreme Court of the United States decided Mount Lemon Fire District v. Guido, No. 17-587, holding that the Age Discrimination in Employment Act of 1967 (ADEA) applies to States and political...more

Isolated ‘Highly Offensive Gender Slur’ Insufficient to Warrant Employee’s Termination

Genova Burns LLC on 10/19/2018

The New Jersey Supreme Court overturned the termination of a state employee who uttered a highly offensive gender slur that was overheard by other employees. William R. Hendrickson, Jr., a fire safety inspector with the New...more

City Can’t Restrain Employee’s Critical Comments - Ninth Circuit Holds It Is OK to Speak on Matters of Public Concern as a Private...

Best Best & Krieger LLP on 9/18/2018

A city employee’s comments at a public event were not protected under the First Amendment because she spoke as a public employee, not a private citizen, a federal appeals court held in Barone v. City of Springfield. However,...more

Fourth Circuit Finds Former Employee Established Prima Facie Case of Retaliation

Seyfarth Shaw LLP on 8/15/2018

Seyfarth Synopsis: The Fourth Circuit revived the retaliation case of a former city employee who was terminated one day after expressing an intent to file a formal grievance against her supervisor for race-based harassment,...more

Court Affirms Reinstatement of A School Bus Driver Who Tested Positive For Drug Use

Tucker Arensberg, P.C. on 6/25/2018

Upper Merion Area School District v. Teamsters Local #384, 165 A.3d 56 (Pa. Cmwlth. 2017). The Commonwealth Court holds that an arbitrator’s decision to reinstate a school bus driver to her position with back pay when the bus...more

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Hiring & Firing › Public Employees

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