News & Analysis as of

Retaliation Employee Misconduct

Troutman Pepper Locke

Harassment in the Celebrity Workplace: Insights From It Ends With Us — Hiring to Firing Podcast

Troutman Pepper Locke on

It seems that even celebrities are not immune from workplace claims. In this episode of Hiring to Firing, hosts Tracey Diamond and Emily Schifter are joined by their Troutman Pepper Locke employment law partner, Sara...more

Fisher Phillips

New Year, New Goals: Why You’ll Want to Add Workplace Investigation Training to Your 2025 Resolution List

Fisher Phillips on

Before the ink dries on your professional New Year’s resolutions, you may want to add “empower leaders with investigation training.” While most employers appreciate that complaints about potential workplace misconduct or...more

Mitratech Holdings, Inc

5 Trends Shaping Whistleblower Regulations in 2025

Mitratech Holdings, Inc on

In 2025, whistleblower regulations are poised for major evolution, reflecting a renewed commitment to transparency and accountability. The Ethics and Compliance Initiative (ECI) 2023 survey revealed a startling statistic:...more

Ogletree, Deakins, Nash, Smoak & Stewart,...

FMLA Doesn’t Shield Employee From Dismissal Due to Misconduct Prior to Leave Request, District Court Rules

On April 29, 2024, in McBeath v. City of Indianapolis, the U.S. District Court for the Southern District of Indiana granted summary judgment in favor of the City of Indianapolis on a plaintiff’s claims for Family and Medical...more

CDF Labor Law LLP

Employers May Now Be Limited from Presenting Certain Evidence of Employee Misconduct As Character Evidence In Harassment Cases

CDF Labor Law LLP on

In 2008, Eunices Argueta (Argueta) was hired by a freight operations company in El Segundo, California, eventually acquired by Worldwide Flight Services, Inc. In late 2016 and early 2017, several (5) of her subordinates filed...more

Epstein Becker & Green

Massachusetts Federal Judge Rules that Protected Activity Does Not Shield an Employee from the Consequences of Engaging in...

Epstein Becker & Green on

On November 13, 2023, in USA ex rel, Morgan-Lee, et al. v. The Whittier Health Network, LLC, et al., a Massachusetts federal district judge concluded that although the plaintiff engaged in protected activity when she raised...more

Thomas Fox - Compliance Evangelist

2023 Global Business Ethics Survey: Part 4-The Importance of Implementing a Strong Ethical Culture

In a recent ECI podcast series , I had the opportunity to visit with Pat Harned, President of ECI. We took a deep dive into the 2023 Global Business Ethics Survey (GBES) revealed concerning trends in workplace ethics. The...more

Thomas Fox - Compliance Evangelist

2023 Global Business Ethics Survey: Part 3 – Retaliation in the Workplace

The 2023 ECI Global Business Ethics Survey has shed light on the pressing issues of workplace ethics, retaliation, and whistleblower protection. The survey reveals that employees often face pressure to compromise workplace...more

Proskauer - Whistleblower Defense

Eleventh Circuit Affirms Rejection of Employee’s SOX Claim for Lack of Protected Activity

On September 25, 2023, the U.S. Court of Appeals for the Eleventh Circuit affirmed the Department of Labor’s Administrative Review Board’s rejection of an employee’s Sarbanes–Oxley Act (SOX) retaliation claim, holding the...more

Ankura

Behavioral Misconduct Investigations: Key Challenges and How To Minimize Reputational Impact

Ankura on

Rarely a day goes by without at least one report of workplace misconduct hitting the headlines globally. In a post-#MeToo era, there is an ever-increasing focus from society on how organizations respond to and deal with...more

Proskauer - Whistleblower Defense

Illinois Federal Court Grants Motion to Dismiss SOX Whistleblower Claim

On February 28, 2023, the U.S. District Court for the Central District of Illinois granted a defendant-employer’s motion to dismiss a SOX whistleblower retaliation claim, holding that the plaintiff failed to adequately plead...more

Genova Burns LLC

NJ District Court Upholds Employee Termination After FMLA Leave

Genova Burns LLC on

On March 31, 2023, in LeBlanc v. Thomas Jefferson University, the United States District Court for the District of New Jersey granted an employer’s motion for summary judgment, dismissing a former’s employee’s allegations of...more

Foley & Lardner LLP

A Review of Recent Whistleblower Developments - April 2023

Foley & Lardner LLP on

Whistleblower Developments is a periodic report covering significant cases, decisions, proposals, and legislation related to whistleblower statutes and how they may impact your business. Recent developments include: Third...more

Proskauer - Whistleblower Defense

Pennsylvania District Court Grants Employer Summary Judgment on Whistleblower Retaliation Claims

On December 6, 2022, the U.S. District Court for the Eastern District of Pennsylvania granted a defendant-employer’s motion for summary judgment on whistleblower retaliation claims brought under SOX and the Consumer Financial...more

Proskauer - Whistleblower Defense

Third Circuit: Whistleblowers Are Not Shielded From Discipline for Misconduct

On August 26, 2022, the Third Circuit affirmed a grant of summary judgment in favor of an employer, holding that whistleblower retaliation protections in the False Claims Act did not protect an employee from being discharged...more

Parker Poe Adams & Bernstein LLP

Motive Behind Employer's Investigation Determines Retaliation Question

​​​​​​​Here’s another common scenario we see with clients: An employer has an especially difficult employee who has made multiple complaints about their treatment while at the same time performing terribly and missing...more

Bass, Berry & Sims PLC

Third Circuit Upholds Firing of Whistleblower Accused of Harassment by Oinking

On August 26, the U.S. Court of Appeals for the Third Circuit issued an order reaffirming that potential False Claims Act (FCA) whistleblowers are not immune from being fired for workplace misconduct, especially where that...more

Miles & Stockbridge P.C.

Whistleblowers Don’t Have Super Powers: Whistleblower Protections Don’t Equal Workplace Immunity

Whistleblowers who report perceived illegal activity by an individual, agency, or organization have long been heralded as heroes, serving both the public and private sectors by producing evidence of wrongdoing despite great...more

Seyfarth Shaw LLP

Title VII, Section 1981, and the Limits of Protected Activity

Seyfarth Shaw LLP on

Seyfarth Synopsis: Managing employees engaged in potentially protected activity can be tricky when disciplinary and other normal employment actions might be misconstrued as unlawful retaliation. A recent decision from the...more

Akerman LLP - HR Defense

The Black Lives Matter Movement and the Workplace

The Black Lives Matter movement, protesting racism, police brutality, and the deaths of George Floyd and other Black Americans, has not only been seen and heard in streets around the world; it has found a new voice in...more

Seyfarth Shaw LLP

What To Do When Employee Misconduct And Protected Activity Collide?

Seyfarth Shaw LLP on

Seyfarth Synopsis: When an employee violates company rules or policies, a company is within its rights to respond with appropriate corrective action. How to respond, however, can become complicated when an employee engages in...more

Genova Burns LLC

Know When to Fold 'Em: Appellate Division Upholds Bally’s Termination of Employee Despite Whistleblowing Activity

Genova Burns LLC on

On December 3, 2019, the New Jersey Appellate Division upheld the dismissal of a whistleblowing claim filed by an ex-casino employee. In Cook v. Bally's Park Place Inc., the Appellate Division affirmed the trial court’s...more

McAfee & Taft

Falsified FMLA forms torpedo retaliation claims

McAfee & Taft on

The U.S. Department of Labor makes available a variety of Family and Medical Leave Act forms to employers. When used by companies, the DOL forms are extremely helpful with managing and administering employees’ FMLA absences....more

Cozen O'Connor

#No Filter: Terminating an Employee for Social Media Posts – Part 2

Cozen O'Connor on

Prior to the advent of social media and especially the #MeToo movement, employers were generally comfortable drawing a bright line between what employees did on their own time and workplace misconduct. ...more

Fisher Phillips

FAQs About Skip-Level Meetings: A Critical Management Tool

Fisher Phillips on

It is never good to put off dealing with a problem employee. Whether it is misconduct, poor performance, or simply an attitude that impairs your team’s ability to work together well, the time to act is now. Waiting to act...more

32 Results
 / 
View per page
Page: of 2

"My best business intelligence, in one easy email…"

Your first step to building a free, personalized, morning email brief covering pertinent authors and topics on JD Supra:
*By using the service, you signify your acceptance of JD Supra's Privacy Policy.
- hide
- hide