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Hiring & Firing › Termination › Risk Management

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 -
Parker Poe Adams & Bernstein LLP

Admission That Business Unit Was Closed Due to Employee's Disability Precludes Dismissal of ADA Claim

Parker Poe Adams & Bernstein LLP on

When advising employers about the legal risks associated with a business reorganization, we generally advise that discrimination claims are less likely when a company closes an entire facility or department as compared to...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

Littler

Littler Global Guide - Colombia - Q3 2019

Littler on

Pursuant to Decree 1562 of 2019, employees can withdraw unemployment aid savings from the government fund. Historically, this option was available only for housing and educational purposes....more

Littler

Has #MeToo Created a New Claim of Male-Bias Discrimination?

Littler on

Often—and without much thinking—when an employer faces a claim of sexual harassment, the knee-jerk response is to discipline or terminate the man accused. It is the easiest way to go, especially if the alleged harasser is a...more

Parker Poe Adams & Bernstein LLP

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

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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

Akerman LLP - HR Defense

Minimizing Exposure for Employee Termination Claims

Akerman LLP - HR Defense on

Assessing whether to terminate an employee and how best to deliver the news are challenges every employer faces. Whether it’s a low-performing employee who shows no sign of improvement or an employee who egregiously violates...more

Payne & Fears

Don’t Let Technology Run Away With Your Customer Information

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For many companies, customer information ranks among its most important assets. Yet these days, employees often keep this sensitive customer information in electronic locations that are not readily accessible to or controlled...more

FordHarrison

Roseanne Barred from ABC: How to Protect Your Business from Social Media Meltdowns

FordHarrison on

Roseanne Barr, known for her big mouth and abrasive humor, is no stranger to controversy. (I still cringe when I recall her rendition of the national anthem.) Unfortunately for her, and the more than 200 people who worked on...more

Pierce Atwood LLP

Courts Continue To Grapple With Leave As A Reasonable Accommodation Under ADA

Pierce Atwood LLP on

When is it safe to terminate an employee who has exhausted (or is ineligible for) Family Medical Leave Act (FMLA) leave, but who is unable to return to work? This question continues to confound employers, and has been the...more

Dentons

What Crawled Out from Under That Rock- Negligent References and Reporting Issues

Dentons on

Many employers faced with an employment termination decision look for the simplest process for termination, one that causes the least hardship for the employee and mitigates the most litigation risk for the employer....more

Foley & Lardner LLP

Separately Assessing Separation Agreements

Foley & Lardner LLP on

Separation or severance agreements —which typically provide a terminating employee with some kind of cash payment, temporary salary continuation, or other gratuitous benefit in exchange for a release of claims — have their...more

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