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Hiring & Firing › Termination › Employee Misconduct

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

Eighth Circuit Chips Away at ‘Honest Belief’ Defense and Creates ‘Intertwinement Test’ for Disability Discrimination Cases

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

On July 1, 2024, in Huber v. Westar Foods, Inc., in a 2–1 decision, the Eighth Circuit Court of Appeals departed from the “honest belief” defense recognized by the First, Second, Fourth, Fifth, and Seventh Circuits (and U.S....more

BCLP

UK HR Two-Minute Monthly: May 2024

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Our May update includes a case on whistleblowing where the claimant’s belief in the disclosures was questioned along with whether decision makers who knew little or nothing about the disclosures could be blamed for those who...more

BCLP

Participation in an Anti-Competitive Cartel and Dismissal for Serious Misconduct

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On 27 February 2024, the Nîmes Court of Appeal confirmed that an employee may be dismissed for serious misconduct for participating in an anti-competitive cartel. While the risk of companies being penalised for...more

BCLP

Private life and disciplinary dismissal

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In this case submitted to the Supreme Court (“Cour de cassation”), a State health insurance agency dismissed one of its employee for gross misconduct for having sent to some of her colleagues, through her professional email...more

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

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

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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

Bricker Graydon LLP

Johnny’s a Thief and Stole the Copier - Can I Deduct it from his Paycheck?

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I’m in my office, talking with Tommy about the terrible MLS schedule. He thinks FCC should not be playing in the knockout stage of CONCACAF to begin the season; “put that game mid-season, we score 3 or 4 goals in the first...more

Littler

UK Tribunal Overturns Dismissal for Prank at Work: A Win for Workplace Banter?

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A recent decision by the Watford Employment Tribunal in Richardson v West Midlands Trains Ltd saw a train driver reinstated and awarded £40,000 after he was found to have been unfairly and unlawfully dismissed for performing...more

Tucker Arensberg, P.C.

Teacher Discharged for Social Media Posts

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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

Miller Canfield

Time is Money: Addressing Time Theft in the Workplace

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Every minute counts in the workplace, but what happens when employees start stealing worktime for personal gain? This important issue is known as time theft which is the act of employees taking advantage of company time for...more

Genova Burns LLC

NJ District Court Upholds Employee Termination After FMLA Leave

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On March 31, 2023, in LeBlanc v. Thomas Jefferson University, the United States District Court for the District of New Jersey granted an employer’s motion for summary judgment, dismissing a former’s employee’s allegations of...more

Franczek P.C.

Teacher Dismissal Upheld for Conduct Not Directly Related to Previous Notice to Remedy

Franczek P.C. on

For school personnel administrators, it is a frustrating but typical experience to have a teachers’ union representative object to warnings and directives on the grounds that the warning is too broad, or not directly on point...more

Cozen O'Connor

#No Filter: Terminating an Employee for Social Media Posts – Part 3

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Prior to the advent of social media, employers were generally comfortable drawing a bright line between what employees did on their own time and workplace misconduct. Those bygone times, however, have been replaced by a...more

Franczek P.C.

Illinois Appellate Court: Teacher’s Repeated Cheating Is Irremediable Cause for Dismissal

Franczek P.C. on

The Illinois Appellate Court recently affirmed the dismissal of a tenured fifth-grade teacher accused of intentionally breaking the seals on standardized test booklets to help students cheat on the test....more

Fisher Phillips

Good Faith Belief Leads To Employer Victory In Bias Claim

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Despite not being able to prove the alleged wrongdoings that led an Arkansas employer to terminate an employee, a federal appeals court just handed an employer a victory in a gender discrimination lawsuit because of its “good...more

Littler

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

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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

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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

Bond Schoeneck & King PLLC

The Sound of Silence: Seventh Circuit Holds That Undocumented Misconduct is Still Misconduct

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If you’ve had occasion to converse with a management-side employment lawyer (and somehow survived it), it seems the edict of documenting performance issues is tattooed on his/her forehead. I must confess in my own supervisor...more

Littler

Littler Global Guide - United Kingdom - Q2 2018

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Data Protection Act 2018 Enacted - New Legislation Enacted - Effective May 25, 2018, the UK Data Protection Act transposes the EU General Data Protection Regulation (GDPR) into UK law, thereby replacing the Data...more

Fisher Phillips

A Step-By-Step Guide To Terminating Employees For Theft (Part Two)

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In our last issue, we looked at some ideas about how to investigate, catch, and terminate employees who are stealing from your company. In this conclusion, we’ll talk about some ways to avoid—or at least reduce the...more

Fisher Phillips

Can A University Terminate For Tenured Teacher’s Twitter Tweaks?

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A series of Twitter posts from a tenured Fresno State English professor about former First Lady Barbara Bush has once again sparked a national conversation about how the First Amendment applies in the university setting, and...more

Seyfarth Shaw LLP

Don’t “Shoot Your Eye Out” Defending Unemployment Benefits Claims

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Seyfarth Synopsis: The ordinary headaches of responding to unemployment claims with the EDD do not have to bog down employers in 2018. Here, we provide recommendations for managers to consider before the ball drops in Times...more

Hogan Lovells

Employment News - March 2017 #4

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Lack of communication – contractual dismissal notice only took effect when received - In Newcastle Upon Tyne NHS Foundation Trust v Haywood the Court of Appeal has decided that contractual notice of dismissal only took...more

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