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Hiring & Firing › Termination › 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 -
FordHarrison

EntertainHR: Helping Haverford – What Parks and Recreation Teaches Us About Employee Terminations

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Parks and Recreation is a beloved mockumentary sitcom that focuses on the lives of several employees of the fictional Pawnee, Indiana’s Parks and Recreation Department. One of those characters is the sarcastic and...more

DarrowEverett LLP

Terminating Employees? Ignoring State And Local Wage Laws Can Cost You

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Terminating employees can be a daunting task. Failing to follow your state or local rules when terminating an employee can make the task exponentially more difficult and expensive. When a business plans on firing or laying...more

Dechert LLP

Droit Social | Sélection de jurisprudence – France | Premier semestre 2024

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Cass. soc., 31 janvier 2024, n°22-18.792 La lettre de licenciement n’a pas à préciser la date des faits invoqués. Un salarié licencié pour faute grave conteste la rupture de son contrat de travail, en se fondant notamment...more

Dechert LLP

Employment Case Law Selection - France | First Semester of 2024

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Cass. soc., 31 January 2024, n°22-18.792 - A dismissal letter does not have to specify the date of the alleged acts. An employee dismissed for gross misconduct contested the termination of his employment contract, citing...more

Ius Laboris

Workplace protections for reservists’ spouses in Israel

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In light of the ongoing war, a new amendment to Israeli law provides protection to the spouses of reservists. In accordance with the Veterans (Return to Work) Law, employers are already prohibited from dismissing...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

Bass, Berry & Sims PLC

A Cautionary Tale Regarding the “Reasonable Belief” Doctrine

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On January 31, the Sixth Circuit published a cautionary tale regarding the “reasonable belief” doctrine involving an employer that fired a disabled employee for a positive drug test for “marijuana.”...more

Littler

Dear Littler: Do We Oust the Grousers?

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Dear Littler, I’m the CEO of a medium-sized business. We have a great, but overworked, HR department.  Because we are relatively small, everyone knows everyone, and we’re all friends....more

McDermott Will & Emery

Kündigungsschutz für GmbH-Geschäftsführer?

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Das Bundesarbeitsgericht (BAG) hat sich in einer aktuellen Entscheidung (BAG, Urteil vom 20. Juli 2023 – 6 AZR 228/22) mit der Frage des Kündigungsschutzes von Geschäftsführern auseinandergesetzt, die auf Grundlage eines...more

McDermott Will & Emery

Während Kurzarbeit betriebsbedingt kündigen? Was Arbeitgeber dabei beachten sollten

McDermott Will & Emery on

Viele Unternehmen nutzen immer noch Kurzarbeit, obwohl sich abzeichnet, dass die wirtschaftlichen Gründe für den Arbeitsausfall (inzwischen) dauerhafter Natur sind. Immer häufiger stellt sich dann die Frage, wie der Übergang...more

Fenwick & West LLP

Employment Practices Group - Startup Guide to Hiring and Terminations

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An important part of hiring employees is deciding how to compensate them. Because of limited capital, startups often implement equity-only compensation or deferred compensation arrangements in lieu of regular salaries....more

Ius Laboris

Terminations under Israeli Law

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Termination of employment in Israel can be for any good reason. But employers need to take care to follow the right procedure, and to be aware of local protections and culture....more

Littler

Ontario, Canada Proposes ESA Amendments Relating to Remote Workers and New Hires

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On March 13, 2023, Ontario announced that it is proposing two amendments to the Employment Standards Act, 2000 (ESA) and related regulations. Employees Who Work Solely from Home to Become Eligible to Receive Enhanced...more

Bradley Arant Boult Cummings LLP

Brain Tumor: A Little Too Little, Too Late — Sixth Circuit Addresses Late Disclosure of Disability

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Employers sometimes face difficult decisions after learning of an employee’s disability. What if you learn of a disability after ongoing repeated employment deficiencies or even after a disciplinary or discharge decision...more

Skadden, Arps, Slate, Meagher & Flom LLP

Reductions in Force: Legal Do’s and Don’ts

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Reductions in force (RIFs) are making headlines as companies trim their worker ranks in the face of a weakening economy. Employers must decide whether to implement voluntary or involuntary RIFs (or both); the considerations...more

Polsinelli

Revised Employment Termination Notice Requirements for Colorado Employers

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Colorado employers in the private sector seeking to terminate an employment relationship now have additional notice obligations with respect to separated former employees, effective May 25, 2022. Specifically, Colorado...more

Bradley Arant Boult Cummings LLP

Was There a Rainbow Connection? Arkansas Court Allows Religious Discrimination Case to Go Forward over Apron Symbol

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Accommodating an employee’s sincerely held religious beliefs can be tricky. In EEOC v. Kroger, a court in Arkansas gives some guidance on how to handle these claims. The case law surrounding religious failure-to-accommodate...more

Verrill

How to Break Up With An Employee: 10 Tips for Avoiding Claims and Liability

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As with other types of relationships, breaking up with an employee is seldom easy. And employee terminations result in more lawsuits than any other employment action. Employers should keep the following 10 tips in mind when...more

K&L Gates LLP

The French Supreme Court Confirms the Maximum Amount of Damages for Unfair Dismissal

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The French Supreme Court confirmed the application of the scale provided by the French labor code for claims of unfair dismissal (called the Macron Scale) in two decisions dated 11 May 2022,2 thereby providing some security...more

Verrill

Massachusetts Employee Fired For Submitting PIP Rebuttal Protected By Public Policy

Verrill on

In a recent decision, Terence Meehan v. Medical Information Technology, Inc., the Massachusetts Supreme Judicial Court ruled that an employer cannot terminate an employee for exercising the right to file a rebuttal to a...more

Bradley Arant Boult Cummings LLP

But I Didn’t Inhale! Employee Drug Tests in a CBD World

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Given the explosive growth of cannabis products and the increasing number of states that have legalized marijuana for medicinal or adult use (nearly 40 at last count), employers across the country are asking whether they can...more

Perkins Coie

Failure to Pay Wages Due at Discharge Can Incur Triple Damages in Massachusetts

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Late payment of final compensation just became significantly more expensive for employers with workers in Massachusetts. In an opinion on April 4, 2022, Reuter v. City of Methuen, the Massachusetts Supreme Judicial Court held...more

Akerman LLP - HR Defense

Employee Terminations: Breaking Up is Hard to Do

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Firing an employee can be much like breaking up with a significant other– stressful, messy, and awkward. No one wants to be the “bad guy,” and oftentimes it feels kinder to sugarcoat the facts rather than telling an employee...more

Bradley Arant Boult Cummings LLP

Plaintiff’s “Paramour Preference” Plan Panned: 9th Circuit Finds Romantic Relationship Not Enough to Show Discrimination Against...

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In another chapter in litigation alliteration, in Maner v. Dignity Health, f/k/a Catholic Healthcare West, the Ninth Circuit held that a male employee’s theory that his supervisor’s long-term romantic relationship with a...more

Hutchison PLLC

Client Alert: Changes to Hiring and Termination Process Under New Administrative Rules in North Carolina

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Governor Roy Cooper signed into law changes to the North Carolina Wage and Hour Act that change employer hiring and termination processes. The changes are effective immediately. Hiring New Employees: At the time of hiring,...more

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