News & Analysis as of September 21, 2024

Hiring & Firing › Willful Misconduct

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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 -

Unemployment Compensation 101 – What Counts as Wilful Misconduct Under Connecticut Law?

Pullman & Comley - Labor, Employment and... on 1/18/2023

As we turn the page to 2023 it’s as good a time as ever to review one of the most important concepts in unemployment compensation – “wilful misconduct.” From an employer’s perspective understanding when the wilful misconduct...more

Sexual Harassment Amounts to Immoral Conduct Warranting Dismissal of Tenured Teacher

Franczek P.C. on 1/21/2021

In a recent Illinois case, the Second District Appellate Court affirmed a school board’s termination of a tenured teacher who sexually harassed students on the girls’ track team he coached. The students alleged that the...more

What the NLRB Can Teach You About Documenting Employee Misconduct

Foley & Lardner LLP on 1/28/2019

Innocent mistakes are an unfortunate reality in our fast-paced, technology-driven society. But an employer does not have to tolerate an employee doubling down on his mistake by deceiving his employer and actively impeding an...more

Intentional Accidents: California Supreme Court Announces That General Commercial Liability Policies Apply To Negligent Hiring,...

Carlton Fields on 12/10/2018

In a recent decision, the U.S. Court of Appeals for the Ninth Circuit observed that under California law, there was an unresolved question as to whether a commercial general liability (“CGL”) insurance policy covers an...more

Negligent Hiring and Supervision Can Be an 'Accident'

Farella Braun + Martel LLP on 6/11/2018

The California Supreme Court answered the Ninth Circuit’s certified question in Liberty Surplus Insurance v. Ledesma & Meyer Construction. The court rephrased the question presented to it as: “When a third party sues an...more

CGL Insurer Can’t Avoid Covering Employer for Negligent Hiring of Employee Who Committed Intentional Wrong, California Supreme...

Pillsbury - Policyholder Pulse blog on 6/6/2018

By statute, California law holds that willful misconduct—where an insured intends to cause someone harm—is not insurable as a matter of public policy. For years, insurance companies have sought to expand this prohibition to...more

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

FordHarrison on 6/6/2018

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

Office Marital Dispute Did Not Trigger Employer’s Duty to Investigate

Seyfarth Shaw LLP on 9/11/2017

Seyfarth Synopsis: In Nakai v. Friendship House Association of American Indians, Inc., the California Court of Appeal considered whether marital disputes that spill into the workplace trigger FEHA’s marital status protections...more

Can They Resign? Issues in Termination Discussions

Dentons on 8/25/2017

Is it okay if the employee resigns? Odd question, right? Almost every employer would pretty much jump for joy if a problem employee decided to voluntarily resign instead of the dreaded termination discussion....more

Honesty is the Best Policy

Pullman & Comley - Labor, Employment and... on 2/21/2017

May an employer fire an employee for lying about the reason for an absence? In a recent decision, the Connecticut Appellate Court said “yes.” Orlando Martinez worked for Polar Industries as a machine operator. He was...more

6 Employment Actions That Can “Automatically” Land Your Hospital In Court

Fisher Phillips on 2/10/2017

As a healthcare employer, it must be tempting to want to develop rigid workplace rules that will help newbie bosses reach conclusions almost automatically, especially where the best nurses or techs often become supervisors...more

#Fired: Post a Tweet, Lose Your Job

FordHarrison on 8/23/2016

Many people enjoy spouting off what they view as 140-character tidbits of wisdom on the social media platform Twitter. But recently several individuals have found themselves in trouble with their employers (read: former...more

Illinois Legislative Changes and a State Supreme Court Decision Substantially Help Employers Challenge Unemployment Claims

Epstein Becker & Green on 2/10/2016

Two recent developments substantially affect unemployment benefits in Illinois. First, on January 3, 2016, the Illinois Unemployment Insurance Act (820 ILCS 405/602(A)) (“Act”) was amended to make it much easier for employers...more

Definition of “Deliberate and Willful” Misconduct Under the Illinois Unemployment Insurance Act Revised and Expanded

Franczek P.C. on 2/5/2016

Governor Rauner recently signed legislation that revised and expanded the definition of “deliberate and willful” misconduct under the Illinois Unemployment Insurance Act (820 ILCS 405/602). Under the prior definition, the...more

Calculating the Incalculable: Reputational Damage (Part I of III)

The Volkov Law Group on 8/31/2015

Today I am beginning a three-part series on reputational damage. The first part tries to define the term “reputational damage;” the second part focuses on managing threats to a company’s reputation and the final posting...more

NLRB Administrative Law Judge Rules that Employer Unlawfully Discharged Employee Who Warned Co-Worker of Looming Discharge

Franczek P.C. on 8/17/2015

Recently, an Administrative Law Judge (ALJ) with the National Labor Relations Board found that an employer violated the National Labor Relations Act (NLRA) when it discharged an employee for informing a co-worker that the...more

Case Alert: No Implied Duty to Disclose Allegations of Misconduct in Absence of Express Contractual Obligation

K&L Gates LLP on 7/30/2015

What happened? In The Basildon Academies v Amadi, the Employment Appeal Tribunal (the "EAT") decided that an employee was not under an implied duty to disclose allegations of misconduct to his employer where there was no...more

Australia: Tribunal Defines "Place of Work" for Off-Duty Misconduct Purposes, Finds Unfair Dismissal Due to Procedurally Defective...

Littler on 7/9/2015

Australia's Fair Works Commission ("FWC") recently handed down its decision in Keenan v. Leighton Boral Amey Joint Venture. In this case, the FWC defined "place of work" with respect to an employee's off-duty conduct, and...more

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Hiring & Firing › Willful Misconduct

Unemployment Compensation 101 – What Counts as Wilful Misconduct Under Connecticut Law?

Sexual Harassment Amounts to Immoral Conduct Warranting Dismissal of Tenured Teacher

What the NLRB Can Teach You About Documenting Employee Misconduct

Intentional Accidents: California Supreme Court Announces That General Commercial Liability Policies Apply To Negligent Hiring,...

Negligent Hiring and Supervision Can Be an 'Accident'

CGL Insurer Can’t Avoid Covering Employer for Negligent Hiring of Employee Who Committed Intentional Wrong, California Supreme...

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

Office Marital Dispute Did Not Trigger Employer’s Duty to Investigate

Can They Resign? Issues in Termination Discussions

Honesty is the Best Policy

6 Employment Actions That Can “Automatically” Land Your Hospital In Court

#Fired: Post a Tweet, Lose Your Job

Illinois Legislative Changes and a State Supreme Court Decision Substantially Help Employers Challenge Unemployment Claims

Definition of “Deliberate and Willful” Misconduct Under the Illinois Unemployment Insurance Act Revised and Expanded

Calculating the Incalculable: Reputational Damage (Part I of III)

NLRB Administrative Law Judge Rules that Employer Unlawfully Discharged Employee Who Warned Co-Worker of Looming Discharge

Case Alert: No Implied Duty to Disclose Allegations of Misconduct in Absence of Express Contractual Obligation

Australia: Tribunal Defines "Place of Work" for Off-Duty Misconduct Purposes, Finds Unfair Dismissal Due to Procedurally Defective...

Common Sense Prevails: Arbitration Award OK’ing On-Duty Drug Usage Overturned

Sending Pornographic Images was Gross Misconduct Even Though Not Discovered For Several Years

Should An Employer Fight Unemployment? The Debate Continues . . .

Tolerance for Prior Misconduct Does Not Prevent Termination Based on Latest Behavior

Employer Permitted to Use “After-Acquired” Evidence at Discrimination Trial

Second Circuit Allows After-Acquired Evidence to Support Termination Decision

Rampant Sexual Misconduct in Indiana Prison Shows Pitfalls for Employers

Hiring & Firing › Willful Misconduct

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