News & Analysis as of

Hiring & Firing Sick Employees

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 -
Littler

Dutch Court Finds Fraudulent Sick Leave Justifies Summary Dismissal

Littler on

Sooner or later all employers, including those in the hospitality industry, are faced with sick employees. Apart from the costs, this also brings with it the necessary operational hassle for employers; for example,...more

Littler

The Netherlands: Court Disallows Terminating Sick Employee’s Employment After UWV Procedure

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In a recent case, an employer petitioned the Sub-District Court to dissolve an employment contract with immediate effect after the UWV (Employee Insurance Agency) had dismissed its application for dismissal for economic...more

Fisher Phillips

July 2021: The Top 14 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

May 2021: The Top 18 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 New York City Employers Need to Know About The First Court Rulings in Early COVID 19 Related Workplace Litigation

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Of the more than 2,300 COVID-19-related employment lawsuits we have been tracking, many have at least one thing in common: they relate to employees who had (or suspect they had) the virus in late 2019 or early 2020 – before,...more

Littler

The Netherlands: When does the prohibition against termination during sickness apply?

Littler on

In the Netherlands, employers are generally prohibited from dismissing sick employees in the event of a reorganization, even if those employees are eligible for dismissal based on the reflection principle. The reflection...more

Orrick, Herrington & Sutcliffe LLP

Se la quarantena è imputabile ad una condotta del dipendente, la sua assenza è ingiustificata ed il conseguente licenziamento...

Il Tribunale di Trento, con ordinanza del 21 gennaio 2021, ritiene integrare una giusta causa di recesso la condotta del lavoratore che - consapevolmente - si ponga nella condizione di essere costretto all’isolamento...more

Fisher Phillips

December 2020: The Top 18 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

Stopping The Spread Of COVID-19 Hate Crimes In Reopened Restaurants

Fisher Phillips on

As restaurants continue to reopen out of economic necessity despite a global pandemic, employers and employees alike remain concerned about the possibility of COVID-19 outbreaks in the workplace. No longer are bad Yelp...more

BCLP

UK HR Solutions: How to deal with sickness absence

BCLP on

Welcome to the next post in our weekly series of hands-on guidance for UK HR professionals. In this series we look at common HR issues that you’ll encounter in the workplace and give you practical guidance on how to deal with...more

Jackson Lewis P.C.

Michigan Executive Order Clarifies COVID-19 Standard

Jackson Lewis P.C. on

On August 27, 2020, Michigan Governor Gretchen Whitmer issued Executive Order 2020-172. The Executive Order affirms that employers are prohibited from discharging, disciplining, or retaliating against employees who stay home...more

Roetzel & Andress

EEOC Provides Additional Guidance On ADA Compliance During COVID-19

Roetzel & Andress on

The Equal Employment Opportunity Commission (EEOC) has once again updated its guidance regarding employees returning to work during the COVID-19 pandemic. A revised Q&A document published on September 8, 2020, addresses...more

Fisher Phillips

Whitmer Narrows COVID-19 Leave Protections For Michigan Employees

Fisher Phillips on

Governor Gretchen Whitmer just issued an executive order that limits the availability of job-protected leave moving forward only to those employees who pose a “particular risk of infecting others with COVID-19.” She did this...more

Constangy, Brooks, Smith & Prophete, LLP

COVID-19: Where are we now?

So far in 2020, COVID-19 has forced businesses to do everything from redesigning their facilities to taking the temperature of every employee on a daily basis, and from furloughing the workforce to shutting down the workplace...more

Fisher Phillips

4-Step Plan For Bringing Your Hospitality Workforce Back To Work

Fisher Phillips on

As hotels, resorts, casinos and restaurants re-open, there are challenges around every corner. The industry has weathered many storms, from terrorist threats to major weather events. A worldwide pandemic is a new challenge....more

Seyfarth Shaw LLP

Chicago Amends and Clarifies Its COVID-19 Anti-Retaliation Ordinance

Seyfarth Shaw LLP on

Seyfarth Synopsis: We previously wrote about Chicago’s COVID-19 Anti-Retaliation Ordinance here, which protects Chicago employees who remain at home for complying with public health orders or for other COVID-19 related...more

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

Colombia’s Government Circular Provides Some Clarity on Dismissing Employees With Medical Conditions

The Colombian government has issued a circular aimed at clarifying the circumstances in which employers may be authorized to discharge employees with medical conditions....more

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

Belgium: Spring Cleaning Tasks for Human Resources in 2020

Belgium has spent much of the last 12 months without a government following gridlock in coalition negotiations after the general election in May 2019. As such, there has not been any new legislation covering employment law....more

Akerman LLP

Chicago Prohibits Retaliation Against Employees Who Follow Orders Requiring Them to Stay at Home

Akerman LLP on

Employees in Chicago have been granted new protections if they must stay at home to comply with a state or local stay order or to care for someone under such an order under a new Chicago City Council ordinance enacted late...more

Hinshaw & Culbertson - Employment Law...

Employers Beware: Terminating an Employee with COVID-19 May Violate Several Federal Statutes

Throughout the COVID-19 pandemic, the issue of whether an employer may lawfully terminate an employee who has contracted COVID-19 has continued to arise. Terminating an employee because they have contracted COVID-19 carries...more

Payne & Fears

[Webinar] Critical Return to Work Employment Law Issues for Utah Employers - May 14th, 2:00 pm - 3:00 pm PDT

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Utah companies are beginning to open their doors again, and there is a lot to consider from an employment law perspective. This complimentary webinar will address some of the following issues: - Employer testing and...more

Neal, Gerber & Eisenberg LLP

The ADA and COVID-19: Can Employers Consider Employee Medical Conditions When Bringing Employees Back to Work?

The Americans with Disabilities Act (ADA) prohibits discrimination against employees with disabilities and requires employers to provide reasonable accommodations that will permit disabled employees to perform the essential...more

Payne & Fears

The EEOC Continues to Update Guidance on Returning to Work Pandemic-Prepared

Payne & Fears on

The EEOC continues to update its pandemic preparedness guidance regarding the Americans with Disabilities Act (ADA), the Rehabilitation Act, and other Equal Employment Opportunity laws in the wake of COVID-19. The guidance...more

Proskauer - Law and the Workplace

Chicago City Council Introduces COVID-19 Anti-Retaliation Ordinance, Reflecting Growing Trend

On April 22, 2020, Chicago Mayor Lori Lightfoot, with the backing of several Aldermen, introduced the COVID-19 Anti-Retaliation Ordinance (the “Ordinance”), which, if enacted, would prohibit Chicago employers from retaliating...more

Proskauer - Law and the Workplace

EEOC Updates Its COVID-19 Guidance

On April 9, 2020, the EEOC issued additional, revised technical assistance to employers as to best practices for balancing obligations under the Americans with Disabilities Act (ADA) with adherence to guidance from the Center...more

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