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Hiring & Firing › Termination › Disciplinary Proceedings

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 -
Ward and Smith, P.A.

Having the Talk: How Employers Should Prepare for Difficult Disciplinary Situations

Ward and Smith, P.A. on

Every employee hired is expected to be a team player and integrate into the employer's culture to cultivate success. However, nearly all employers find out at some point that new hires do not always work out as planned....more

Tucker Arensberg, P.C.

Teacher Discharged for Social Media Posts

Tucker Arensberg, P.C. on

In the Matter of Arbitration Between Milton Area Education Association and Milton Area School District (Talarico 2022) (Arbitrator sustains discharge of teacher for inappropriate social media posts)....more

Littler

Canada: Alberta Court of Appeal Reminds Adjudicators to take a Modern Approach to Sexual Misconduct in the Workplace

Littler on

Two years after the #MeToo Movement made the prevalence of sexual harassment and sexual assault in the workplace known worldwide, the Alberta Court of Appeal in Calgary (City) v. Canadian Union of Public Employees Local 37,...more

FordHarrison

Waiting On Dorian: HR Tips for Dealing With Employees Who Can’t Seem to Show Up On Time, or at All

FordHarrison on

Waiting on Dorian to arrive or to skip Florida altogether got me thinking about the HR challenges of dealing with employees who can’t seem to show up on time—or at all.  Managing employee attendance problems and preparing for...more

Parker Poe Adams & Bernstein LLP

Failure to Immediately Address Employee Behavioral Issues Not Evidence of Pretext in Later Termination

Parker Poe Adams & Bernstein LLP on

In employment discrimination cases, when the plaintiff makes out a prima facie claim of bias, the employer must articulate legitimate non-discriminatory reasons for the action. The plaintiff then has the ultimate burden of...more

Littler

Littler Global Guide - Colombia - Q2 2019

Littler on

Companies No Longer Required to Pay Social Security Contributions for Independent Contractors - New Legislation Enacted - Pursuant to Act 1955 of 2019, companies are no longer obliged to pay social security...more

FordHarrison

Will & Grace: New Run, Same Naughty Karen

FordHarrison on

Back in March, I wrote about the revival of Will & Grace, though we all know it is really the Jack & Karen show. Over the years, we have seen the softer side of Karen Walker, which lies far (really far) below the surface of...more

Faegre Drinker Biddle & Reath LLP

Unfair Dismissal: Can a Disciplinary Investigation Be Too Thorough?

Faegre Drinker Biddle & Reath LLP on

In NHS 24 v Pillar UKEATS/0005/16, the Employment Appeal Tribunal (EAT) considered the appropriate scope of an employer’s investigation into alleged misconduct in disciplinary proceedings. Ms Pillar was employed by NHS 24...more

McNees Wallace & Nurick LLC

Discharged Employee Not an “Employee” Under Personnel Files Act

McNees Wallace & Nurick LLC on

The Pennsylvania Personnel Files Act (also known as the Inspection of Employment Records Law), grants employees in Pennsylvania, or their designated agents, the right to inspect certain portions of their personnel records....more

FordHarrison

Terminating the walking dead employee: What would Negan do?

FordHarrison on

Like many of you, I am still reeling from the brutal season opener of The Walking Dead. Looking at the episode through the lens of an employment lawyer, a few thoughts came to mind: first, Negan’s managerial style is a tad...more

Littler

NLRB Signs Off On Narrow Confidentiality Provision for Employee Reinstatement Agreements

Littler on

In the recent case of S. Freeman & Sons, Inc., the National Labor Relations Board confronted the question of “whether an employer can require an employee to keep confidential the terms of a settlement agreement in exchange...more

Fisher Phillips

Drinking On The Job? Five Things Employers Need To Know In The Wake Of The USC Football Coach Controversy

Fisher Phillips on

Football powerhouse USC (University of Southern California) fired its head football coach Steve Sarkisian on October 12, 2015, after it was widely reported that the coach had been under the influence of alcohol during several...more

K&L Gates LLP

Case Alert: Employee Unfairly Dismissed for Going to Work Smelling of Alcohol

K&L Gates LLP on

What happened? In McElroy v Cambridgeshire Community Services NHS Trust, an Employment Tribunal decided that the summary dismissal of a healthcare assistant for coming to work smelling of alcohol was unfair. Mr McElroy was...more

Best Best & Krieger LLP

Pitchess Motions in Administrative Hearings

Best Best & Krieger LLP on

California Supreme Court Holds Administrative Hearing Officers Have Authority to Grant Pitchess Motions for Discovery of Personnel Disciplinary Records - Overview: The California Supreme Court has ruled that...more

Nossaman LLP

What Has Fahlen Wrought?

Nossaman LLP on

The California Supreme Court's decision in Fahlen v. Sutter Central Valley Hospitals has confirmed (not created) a sea change in the relations between hospitals and their medical staffs on the one hand, and physicians on such...more

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