News & Analysis as of September 25, 2024

Former Employee

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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 -

Home Depot employee’s wrongful discharge claim hammered

McAfee & Taft on 2/18/2022

Under some circumstances, Oklahoma law recognizes that terminated employees may pursue a public policy wrongful discharge claim against a former employer. These claims allow a narrow exception to the employment at-will status...more

Adding Insult to Injury: Employers Facing COVID-19-Related Lawsuits Commonly Face Tacked-On Wage and Hour Claims

Fisher Phillips on 3/15/2021

It’s never good news to hear that you have been sued, but lately the flood of COVID-related cases come with something extra – wage and hour claims. In essence, former employees who are retaining counsel for claimed wrongful...more

Ninth Circuit to Examine the Reach of Mandatory Employment Arbitration Agreements

Haug Partners LLP on 1/18/2021

On March 2, 2021, the United States Court of Appeals for the Ninth Circuit will hear oral argument in a case that could test the boundaries of mandatory arbitration, and determine whether employees can be tethered to...more

Key California Employment Law Cases: November 2018

Payne & Fears on 12/18/2018

This month’s key employment law cases address nonsolicitation provisions and arbitration agreements. AMN Healthcare, Inc. v. Aya Healthcare Servs., Inc., 28 Cal. App. 5th 923, 239 Cal. Rptr. 3d 577 (2018) Summary:...more

Fast Food Chain Turns $626 Loss Into Nearly $8 Million

Flaster Greenberg PC on 9/24/2018

When Chipotle Mexican Grill Inc. fired store manager Jeanette Ortiz, accusing her of stealing $626 in cash from the safe, it could never have expected its minimal theft loss to balloon into a nearly $8 million jury verdict...more

Another Gargantuan California Verdict… This Time for $18.6 Million

Proskauer - California Employment Law on 7/20/2018

A San Diego jury awarded that amount to a former employee who claimed he was wrongfully terminated based on his arrest record and then defamed. Michael Tilkey worked for Allstate Insurance for 30 years and was fired from...more

“Smoking Guns” and Unofficial Rules: A Reminder for Employers

Foley & Lardner LLP on 5/22/2018

If you work in human resources, or are an executive or employment lawyer, at some point you probably have thought, heard or said words to the effect of “Juries are very unpredictable and can do some crazy things.” I admit...more

SC Supreme Court decides building official's public-policy case

Burr & Forman on 4/24/2018

At-will employment is the normal employer-employee relationship in South Carolina. In 2004, the state legislature passed a law stating that handbooks that took certain reasonable steps did not create a contractual exception...more

It’s time to think about arbitration agreements again following recent $15 million+ employee verdicts

Proskauer - California Employment Law on 9/5/2017

Jury panels in the Los Angeles Superior Court (which is often referred to as “The Bank” by the plaintiffs’ bar) have recently delivered multimillion-dollar verdicts to former-employee plaintiffs. Many employers doing business...more

The Northern District of New York Applies the “Reasonable Belief” Standard

Proskauer - Whistleblower Defense on 5/25/2017

On May 11, 2017, the Northern District of New York applied the Second Circuit’s standard for evaluating a Dodd-Frank retaliation claim in response to a motion to dismiss under F.R.C.P. Rule 12(b)(6). The court denied the...more

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