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Hiring & Firing › Wrongful Termination › Human Resources Professionals

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 -
Dickinson Wright

Should You Use a Performance Improvement Plan?

Dickinson Wright on

A Performance Improvement Plan (“PIP”) is a long-standing HR tool for managing underperforming employees. Employers often use a PIP to document deficiencies and outline specific goals the underperforming employee must reach...more

Constangy, Brooks, Smith & Prophete, LLP

7 strikes, and this employer is OUT!

Constangy, Brooks, Smith & Prophete, LLP on

Employer going to trial in age discrimination case. We had a blizzard last Friday (in North Carolina, 2 inches is a blizzard), and we still have ice and snow on the ground a week later. Anyway, I've had enough of winter now...more

Poyner Spruill LLP

Employer Avoids Liability for Wrongful Discharge Despite Alleged Comparator Receiving Lesser Discipline

Poyner Spruill LLP on

It is often said that consistent application of an employer’s work rules is one of the best ways to avoid liability for discrimination claims.  Doing so can help to rebut the allegation that an individual has been subjected...more

Procopio, Cory, Hargreaves & Savitch LLP

[Event] Annual Labor & Employment Law Seminar - November 3rd, La Jolla, CA

Procopio, Cory, Hargreaves & Savitch LLP on

An event presented by Labor and Employment and Human Resource Professionals - Mark your calendars! You won’t want to miss Procopio’s annual Labor & Employment Seminar in La Jolla on November 3rd. As a dedicated...more

Bennett Jones LLP

Ontario Superior Court on the Enforceability of Termination Provisions in Employment Agreements

Bennett Jones LLP on

A Question of Mixed Fact and Law - In a decision for which leave to appeal was denied by the Divisional Court, the Ontario Superior Court of Justice recently confirmed that a Rule 21 motion, seeking a determination of a...more

Bennett Jones LLP

Labour Arbitrator Upholds Employee Termination After Surreptitious Interference with Employer's Virtual File Storage

Bennett Jones LLP on

In a recent labour arbitration decision, TELUS v United Steelworkers, Telecommunications Workers Union National Local 1944 (Heywood), Arbitrator Jolliffe, Q.C., upheld the termination of a long-service, unionized employee for...more

Adler Pollock & Sheehan P.C.

Marijuana in the Workplace

Adler Pollock & Sheehan P.C. on

Many of our employer clients have contacted us with questions about new laws and court decisions on medical and recreational marijuana, and what it all means for business managers charged with hiring, managing, and...more

Butler Snow LLP

Hospital Not Liable For Retaliatory Discharge

Butler Snow LLP on

A recent decision by the Court of Appeals of Tennessee, in which the employer prevailed in a retaliatory discharge claim, demonstrates the importance of (1) maintaining confidentiality of workplace investigations and (2)...more

McAfee & Taft

Remarks and inconsistent stories fuel pregnancy discrimination claim

McAfee & Taft on

An employer’s shifting rationale for termination doomed it to facing a jury trial on a pregnancy discrimination claim in the recent case Fassbender v. Correct Care Solutions....more

Foley & Lardner LLP

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

Foley & Lardner LLP on

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

Foley & Lardner LLP

Fired For My Firearm? I’ll Sue!

Foley & Lardner LLP on

As if employers already did not have enough reasons to have to think through termination decisions carefully, here is yet another “trigger” word that should make employers think twice about plans to discipline or fire an...more

Akerman LLP - HR Defense

Reminder To HR Professionals: You Can Be Held Personally Liable For FMLA Violations

Akerman LLP - HR Defense on

A recent decision offers a not-so-friendly reminder to HR professionals and supervisory employees: you can be individually liable for FMLA violations if you review, approve, and correspond with employees regarding their FMLA...more

BakerHostetler

Second Circuit Defines Test for Individual Liability Under the FMLA

BakerHostetler on

In Graziadio v. Culinary Institute of America, et al., 15-888-cv (2d. Cir. Mar. 17, 2016), the United States Court of Appeals for the Second Circuit reversed the district court’s grant of summary judgment in favor of the...more

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