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Performance Reviews Hiring & Firing Employer Liability Issues

Shipman & Goodwin LLP

[Webinar] 2024 Labor and Employment Series - AI and Privacy Laws in the Workplace - October 1st, 12:00 pm - 1:00 pm EDT

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In our complimentary four-part webinar series, Shipman's labor and employment attorneys will guide private-sector employers through some of the most pressing legal challenges in the modern workplace. From neurodiversity...more

Mitratech Holdings, Inc

How to Navigate the Recruitment Funnel: A Guide for Employers

Finding the perfect candidate for your job opening is like searching for a needle in a haystack. With countless resumes flooding your inbox and interviews that seem to blur together, it’s easy to get lost in the chaos. ...more

Fisher Phillips

Recent Rulings Pave Way for More Workplace Bias Claims: 5 Steps for Florida Employers to Reduce Risk of Trial

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Two recent court rulings provide a roadmap for Florida employees and their attorneys to take their claims all the way to trial by building a convincing mosaic of circumstantial evidence. This means that now more than ever,...more

McDermott Will & Emery

[Webinar] AI and the Next Frontier: Understanding What’s Ahead in Employment - October 18th, 12:00 pm - 12:30 pm EDT

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Discover how AI’s rapidly growing role in the workplace—including using AI tools to enhance deliverables, streamline operations, assist with recruitment and supervise employees—is catching the attention of the EEOC and other...more

Fisher Phillips

How is HR Using AI? An Employer’s List of Tools and Potential Pitfalls

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As various forms of artificial intelligence capture the imagination of the broader public, human resources professionals may feel like they are caught in a bit of a whirlwind. While predictive analytics (data-driven...more

Goodwin

What Employers Need to Know About Use of Generative AI at Work

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Generative AI could profoundly affect workplace dynamics, potentially bringing significant benefits to companies that are able to manage the risks. Here we focus on employment law as it relates to use of generative AI at...more

Parker Poe Adams & Bernstein LLP

Above-Average Performance Reviews Counter Employer's Grounds for Termination

​​​​​​​“Grade inflation” is a well-known phenomenon in the academic sphere, where grade-point averages creep up over time despite the lack of performance-based reasons for the increase. Grade inflation can also be an issue...more

Dechert LLP

Sélection de jurisprudence - France / Premier semestre 2022

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Cette newsletter présente quatre décisions de jurisprudence rendues au cours des derniers mois : Un compte-rendu d’entretien annuel peut valoir sanction disciplinaire (Cass. soc., 2-2-2022, n° 20-13.833)...more

Dechert LLP

Case Law Selection - France / First Semester 2022

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This newsletter summarises five significant judicial decisions over recent months: A report of an annual performance evaluation can constitute a disciplinary sanction (Cass. soc., 2-2-2022, n° 20-13.833)....more

Tucker Arensberg, P.C.

Filling Vacancies With Internal Candidates Without Application Process Leads to Discrimination Claim

S.G. v. Norristown Area S.D., No. 20-1682, 2021WL 6063122 (E.D. Pa. Dec. 22, 2021) (Federal court allowed a discrimination claim of part-time teacher to proceed arising from a school district’s practice of hiring internal...more

Manatt, Phelps & Phillips, LLP

Seventh Circuit Signs Off on Termination After FMLA Leave

An employer with documented evidence of performance issues before an employee took leave under the Family and Medical Leave Act (FMLA) did not run afoul of the statute when it terminated the employee upon her return, the...more

Nelson Mullins Riley & Scarborough LLP

Massachusetts Supreme Judicial Court Adds New Personnel Records Wrinkle to Public Policy Exception to Termination of At-Will...

A recent decision by the Massachusetts Supreme Judicial Court (the “SJC”) significantly expanded the Massachusetts common-law public policy exception to termination of at-will employees.  This decision, Meehan v. Med. Info....more

American Conference Institute (ACI)

[Event] 30th Annual Employment Practices Liability Insurance Conference - January 25th - 26th, New York, NY

ACI’s Forum on Employment Practices Liability Insurance is returning to New York City on January 25 – 26, 2022! IN-PERSON and LIVESTREAM options available. This annual conference is the one-stop, must-attend meeting place...more

FordHarrison

Possibilities … Endless Possibilities

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“What if ? …” may be the best rhetorical tool in an HR professional’s kit. Just about anyone can spot a risky situation—more often, though, the trick for an HR manager is how to successfully steer a colleague away from that...more

Jackson Lewis P.C.

Ask A Litigator: What Should Be In An Employee’s Personnel File?

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Current and former employees have a right to inspect their personnel file at reasonable times. So, when a current or former employee intends to bring or has brought a claim against their employer, they will likely request a...more

Foley & Lardner LLP

The Value of a Good Performance Review

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Getting supervisors and managers to prepare detailed and thorough performance reviews is like getting kids to eat their vegetables. They don’t want to do it, and they’ll look for excuses to avoid it. But just as good parents...more

Lewitt Hackman

Unlawful, or Just Mean? California Appellate Court Decides Discrimination Case

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People with disabilities have legal protections under both federal and state law. California’s Fair Employment and Housing Act (FEHA) prohibits an employer from taking adverse actions against a person because of a person’s...more

Jaburg Wilk

Employer’s Checklist for Terminating Employees – What To Do and What Not To Do

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Arizona employers are often confused by the laws that govern employee terminations in this so-called “right to work” state. The “right to work” has nothing to do with an employee’s right to keep his or her job. What they are...more

Jaburg Wilk

Are Performance Improvement Plans the Best Practice?

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Categories: Employment, Article I often get asked – what is the best way to terminate an employee? Often, the discussion centers around whether the employer should issue a written warning and/or performance improvement plan...more

Amundsen Davis LLC

Documenting Employee Performance Problems May Become Key Defense In Future Retaliation Claims

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According to the U.S. Equal Employment Opportunity Commission (EEOC), retaliation claims continue to be the most frequently filed charges of discrimination at the federal agency by far. According to the EEOC’s Fiscal Year...more

Seyfarth Shaw LLP

Whew! Fifth Circuit Reinforces Importance of Documenting Performance Issues

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Seyfarth Synopsis: In affirming summary judgment in favor of the defendant in an Family and Medical Leave Act (FMLA) interference and retaliation case, the Fifth Circuit reinforced the importance of documenting performance...more

Fisher Phillips

Are Healthcare Managers Killing Themselves With Kindness?

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When dealing with a difficult adversary, sage advice suggests that one should consider “killing them with kindness.” That advice does not work out well, however, when healthcare managers are too kind when addressing (or...more

K&L Gates LLP

Working Wise: Proactive Strategies for Pay Equity Issues

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In this episode of the Working Wise Podcast Series, K&L Gates Orange County Partner Spencer Hamer discusses recent trends in pay equity law, as well as proactive strategies employers can implement to promote pay equity in the...more

Dickinson Wright

Four Things Employers do to Make the Holidays (or Any Time of Year) Happier for Plaintiffs’ Attorneys

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Employers want a happy workforce; that’s a given. But there are certain things that employers do to further that goal that might as well be a present tied with a bow for a plaintiff’s attorney after an employment relationship...more

Foley & Lardner LLP

11th Circ. Reminds Employers Why Best Practices Matter

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What happens when an employer’s allegedly good documentation of an employee’s poor performance is met with an employee’s allegations that she was subjected to multiple racially charged comments in a two-month period? A...more

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