News & Analysis as of

Human Resources Professionals Termination

Spilman Thomas & Battle, PLLC

Navigating AI in HR: The Benefits and Risks of Using Artificial Intelligence in Employment Policies

Artificial intelligence (AI) can be a tool used by employers to save time and improve compliance when drafting employment policies. However, AI’s current usefulness has limits and comes with risks...more

McGlinchey Stafford

Don’t Talk Politics at a Cocktail Party but Can Employees Talk Politics at Work?

McGlinchey Stafford on

Come November, the United States citizens will vote for the next president. While all presidential elections cause differences of opinion (and sometimes hurt feelings), when can an employee talk politics at work? When can...more

BCLP

UK HR Two-Minute Monthly: May 2024

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Our May update includes a case on whistleblowing where the claimant’s belief in the disclosures was questioned along with whether decision makers who knew little or nothing about the disclosures could be blamed for those who...more

BCLP

UK HR Two-Minute Monthly: April 2024

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Our April update includes a case on AI facial recognition software that allegedly discriminated against black people, a case where an individual carrying out a dismissal did not have enough knowledge of protected disclosures...more

Allen Matkins

Court Of Appeal Holds Stock Options Are Not Wages, But Damages Need Not Be Measured At The Time Of Breach

Allen Matkins on

As an employee of Skillz Inc., Gautam Shah received awards of stock options.  Under the Skillz plan, Mr. Shah could exercise his vested options within three months of his termination of employment.  However, his options...more

Foley & Lardner LLP

Don’t You Forget About Me: Terminating Employees and Benefits to Think About

Foley & Lardner LLP on

No matter the size of your organization, at some point in time employees leave. As we noted previously, it behooves human resources and other departments to provide departing employees with an exit letter that includes...more

BCLP

UK HR Two-Minute Monthly: March 2024

BCLP on

Our March update includes a case on whether a theatre and agency could dismiss an actor playing a lesbian role because of her devout Christian beliefs, and a case looking at whether an employee who spends virtually all her...more

Houston Harbaugh, P.C.

Court Ruling Shows Misunderstandings about Employment At-Will & Legal Claims

Houston Harbaugh, P.C. on

A recent Pennsylvania Supreme Court decision regarding an employment at-will defense serves as a helpful reminder to employers and employees by illustrating misunderstandings amongst courts regarding the scope of the...more

Genova Burns LLC

Twist & Shout: Supervisor’s Termination for Shouting Match With Subordinate Upheld Despite Alleged Whistleblowing Activity

Genova Burns LLC on

On February 16, 2024, the New Jersey Appellate Division in Ugarte v. Barnabas Health Med. Group, upheld the dismissal of a whistleblowing claim filed by a former supervisor. The Court affirmed the trial court’s decision...more

A&O Shearman

Managing a clash of rights in the workplace – recent cases and legal consideration

A&O Shearman on

In the third instalment of our equality and discrimination blog series, I explore how to deal with the growing issue of addressing conflicting rights in the workplace. This is one of the most difficult challenges for...more

Bass, Berry & Sims PLC

A Cautionary Tale Regarding the “Reasonable Belief” Doctrine

On January 31, the Sixth Circuit published a cautionary tale regarding the “reasonable belief” doctrine involving an employer that fired a disabled employee for a positive drug test for “marijuana.”...more

Constangy, Brooks, Smith & Prophete, LLP

Constangy’s Top 5 Employment Law Articles of 2023

The world of employment law is ever-changing, and 2023 was no exception. Keeping up with the latest developments can be daunting, but it's necessary for professionals across all industries. That's why we've compiled a list of...more

Woods Rogers

What's the Tea in L&E? Professional Breakup Advice: Convey Your Reason for Separation (or Termination)

Woods Rogers on

What’s the Tea in L&E is a video series focused on the latest trends and updates in labor and employment law. In this segment, Woods Rogers Vandeventer Black (WRVB) labor and employment attorneys Leah Stiegler and Emily...more

Littler

Dear Littler: Do We Oust the Grousers?

Littler on

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

BCLP

UK HR Two-Minute Monthly: July 2023

BCLP on

Our July update includes cases on the dismissal of a devout Christian dismissed for gross misconduct for social media criticism of pro-LGBTQ+ teaching at schools, allowances that tribunals should make to litigants in person...more

Constangy, Brooks, Smith & Prophete, LLP

I got fired at age 60. Must have been my age.

Then again, it may have been that "FU" text I sent the boss. You can't make this stuff up. For those of you who think I'm too hard on employers, today is your day. There was an excellent pro-employer decision recently...more

Constangy, Brooks, Smith & Prophete, LLP

Employees who self-destruct

Mental illness can cause problems at work, and keep employees from getting help. If my experience is typical (and it may not be), it seems that a significant percentage of employers’ legal and Human Resources problems come...more

BCLP

UK HR Two-Minute Monthly: March 2023

BCLP on

Our March update includes new cases on whether a “without prejudice” letter attaching a settlement agreement and referring to a termination by mutual agreement can be an effective dismissal letter, the role of written...more

Constangy, Brooks, Smith & Prophete, LLP

Request for "FMLA leave" is protected activity, court says

Even if the employee doesn't qualify. Picture this. You ask your boss whether you can take leave under the FMLA. Your boss asks why you want the leave, and you say your cat is sick.* It's your favorite cat. Your boss...more

Constangy, Brooks, Smith & Prophete, LLP

Would you have fired these hotheads?

Inquiring minds want to know! It's been a slow week for real news, and we have a long weekend coming up. But I found two stories relating to employees (one was a law partner, so technically not an employee) who blew their...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

Constangy, Brooks, Smith & Prophete, LLP

The $450,000 workplace birthday party

There was this disability discrimination issue . . . An employer who shall remain nameless had a tradition of throwing a little birthday party for each of its employees on their special day. The birthday of one employee...more

Morrison & Foerster LLP

Crossing the Line: Hospitality, Gifts, and Unfair Dismissal

Morrison & Foerster LLP on

Mr D Thompson v Informatica Software Ltd- In a recent appeal at the EAT an individual (the “appellant”), who had been a senior employee of the employer (ISL), was found to have been fairly dismissed for gross misconduct...more

Constangy, Brooks, Smith & Prophete, LLP

Everything Employers Always Wanted To Know About Vaccines . . . And Have Been Asking About For Months.

Just before the Memorial Day holiday, we had a “breaking news” bulletin about the revised guidance published Friday by the Equal Employment Opportunity Commission about employers’ and employees’ rights when it came to...more

Poyner Spruill LLP

Action Required: COBRA Subsidies under the Rescue Plan Act

Poyner Spruill LLP on

American Rescue Plan Act of 2021 (H.R. 1319, the “Rescue Act”) was signed into law by President Biden on March 11, 2021. The Rescue Act addresses a number of issues caused by the lingering pandemic, including the impacts of...more

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