News & Analysis as of September 23, 2024

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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 -

Remarks and inconsistent stories fuel pregnancy discrimination claim

McAfee & Taft on 6/4/2018

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

Halloween Flashback: Our Scariest Stories for Employers

Zuckerman Spaeder LLP on 10/31/2017

Ghosts, ghouls, and ghastly liability; the last is certainly enough to spook any employer. For this Halloween, we take a trip down Elm Street to revisit the most startling nightmares we’ve ever covered....more

Kiss Your Retaliation Suit Hello: Company Faces Trial after Changing Explanation for Firing

Zuckerman Spaeder LLP on 10/4/2016

When an employee brings a lawsuit alleging that his employer retaliated or discriminated against him, courts typically assess the claim by using a burden-shifting approach. Under this approach, after the employer offers a...more

Retaliation in the Fourth Circuit: Recent Decision Creates New Challenges for Employers

Ogletree, Deakins, Nash, Smoak & Stewart,... on 6/15/2015

In May 2015, the Fourth Circuit Court of Appeals (which has jurisdiction over federal courts in Maryland, West Virginia, Virginia, North Carolina, and South Carolina) issued an opinion with negative consequences for employers...more

Appeals court rules no pretext found in ADEA discrimination case

McAfee & Taft on 3/25/2015

The Tenth Circuit recently ruled that pretext would not be found if an employer terminated an employee based on a genuine belief that the employee had violated company policy....more

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