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Supreme Court of the United States › Hiring & Firing › Termination

The United States Supreme Court is the highest court of the United States and is charged with interpreting federal law, including the United States Constitution. The Court's docket is largely discretionary... more +
The United States Supreme Court is the highest court of the United States and is charged with interpreting federal law, including the United States Constitution. The Court's docket is largely discretionary with only a limited number of cases granted review each term.  The Court is comprised of one chief justice and eight associate justices, who are nominated by the President and confirmed by the Senate to hold lifetime positions. less -
Venable LLP

Trump Fires Democratic FTC Commissioners, Setting Up a Direct Challenge to Humphrey’s Executor

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On March 18, President Trump fired the two Democratic commissioners of the Federal Trade Commission (FTC). The removals of Alvaro Bedoya and Rebecca Kelly Slaughter are the latest in a series of executive actions that will...more

Parker Poe Adams & Bernstein LLP

Supreme Court Denies Review of Fourth Circuit's 'Honest Belief' FMLA Defense

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Earlier this year, the Fourth Circuit Court of Appeals (which includes North Carolina, South Carolina, and Virginia) issued a decision that provides employers with an important defense to some Family and Medical Leave Act...more

Parker Poe Adams & Bernstein LLP

US Supreme Court Applies Strict Test for NLRB Injunctions

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In unusual circumstances arising during unionization campaigns, the National Labor Relations Board can seek a so-called Section 10(j) injunction to immediately order the employer or union to cease illegal acts associated with...more

Tucker Arensberg, P.C.

Does U.S. Supreme Court Decision in Favor of Starbucks Signal Greater Restriction on the Powers of the National Labor Relations...

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Starbucks Corp. v. McKinney, Regional Director of Region 15 of the National Labor Relations Board, decided on June 13, 2024, arose out of the discharge of several Starbucks employees who formed a union organizing committee...more

Miller Canfield

Michigan Supreme Court Expands Liability Under Anti-Discrimination Statute; Endorses Third-Party Retaliation Theory

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“Third party” or “associational” retaliation is reprisal taken by an employer against someone other than the person who engaged in “protected conduct.” In 2011, the U.S. Supreme Court ruled that Title VII’s anti-retaliation...more

Benesch

Starbucks Union Dispute Reaches Supreme Court

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On Friday, January 12, the United States Supreme Court agreed to hear an appeal from Starbucks on a case involving the termination of seven Memphis, Tennessee employees....more

Sheppard Mullin Richter & Hampton LLP

What Does Affirmative Action’s Death Knell Mean for Employers?

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At the end of June, the U.S. Supreme Court’s decision in Students for Fair Admissions, Inc. v. President & Fellows Of Harvard College, Nos. 20-1199 & 21-707, 2023 WL 4239254 (U.S. June 29, 2023), outlawed race-based...more

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

The Practical NLRB Advisor: Winter 2023

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Ogletree Deakins’ Traditional Labor Relations Practice Group is pleased to announce the publication of the Winter 2023 issue of the Practical NLRB Advisor. This issue provides an overview of a host of controversial decisions...more

Foley & Lardner LLP

LGBTQ Employees Can Sue for Termination – What Other Employment Policies Do You Now Need to Review?

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A few weeks ago, we told you the story of Hannah and Bob, and the U.S. Supreme Court’s landmark holding that under Title VII of the Civil Rights Act of 1964, it is impossible to discriminate against a person for being gay,...more

Cozen O'Connor

I-16 – Kneeling, Indefinite Leave, DC Updates, Non-Compete Consideration, and Pretty as a Protected Class

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This episode discusses kneeling in the NFL/workplace, indefinite leave entitlement, and sufficient consideration for non-competes, provides an update from DC on OT exemptions and class action waivers, and questions whether...more

Proskauer - California Employment Law

California Employment Law Notes - July 2016

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Employer Is Entitled To Recover $4 Million In Attorney's Fees From EEOC - CRST Van Expedited, Inc. v. EEOC, 578 U.S. ___, 136 S. Ct. 1642 (2016) - The EEOC filed suit against CRST (a trucking company) alleging...more

Pullman & Comley - Labor, Employment and...

Be Aware of Public Employees Disciplinary Proceedings Protections: Loudermill, Wiengarten and Garrity

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This post is primarily for public sector employers such as state agencies, municipalities and districts. By virtue of being employed by the government and quite likely represented by a labor union, public sector employees in...more

Pullman & Comley - School Law

Disciplinary Investigations of Employees – Three Names to Know

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Whenever an employer is considering disciplining an employee for misconduct, three names from 1967, 1975 and 1985 continue to be associated with employer investigations and interrogations, in much the same way that Mr....more

Parker Poe Adams & Bernstein LLP

Supreme Court to Decide When Limitations Period Begins Running for Constructive Discharge Discrimination Claims

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Green v. Donahoe involves a Postal Service worker who alleges that he was forced to choose between retirement and a demotion and transfer to another position. The plaintiff quit several months after being given this choice,...more

Orrick - Employment Law and Litigation

IRS Announces That It Will No Longer Refund FICA Taxes on Severance Payments

Orrick - Employment Law and Litigation on

The IRS recently announced that severance payments are taxable wages under FICA, and thus employers who seek tax refunds on those payments will be denied. The IRS’s position reflects the United States Supreme Court’s ruling...more

Porter Hedges LLP

Business Litigation Alert: U.S. Supreme Court Set to Decide High Profile Whistleblower Case

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On November 4, the U.S. Supreme Court heard the case Department of Homeland Security v. MacLean - a whistleblower protection case that is being closely watched. At issue is whether an employee can be terminated for...more

Faegre Drinker Biddle & Reath LLP

Sixth Circuit Voids FLSA Collective Action Waiver Signed as Part of Separation and Release Agreement in Killion v. KeHE...

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On July 30, 2014, the Sixth Circuit Court of Appeals invalidated a collective action waiver signed as part of a separation and release agreement. The ruling is significant because it is the first time a federal appellate...more

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

Is the Severance that Your Company Pays to Fired Workers Taxable? The Supreme Court Will Decide

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

On October 1, 2013, the Supreme Court of the United States agreed to hear a case concerning whether employees’ severance payments are taxable. The case, United States v. Quality Stores, Inc., came out of the Sixth Circuit...more

Pierce Atwood LLP

Employers Prevail In Two U.S. Supreme Court Decisions

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The U.S. Supreme Court issued two closely watched decisions Monday affecting Title VII cases....more

BakerHostetler

U.S. Supreme Court Declines to Loosen Causation Standards for Employee Retaliation Claims in University of Texas Southwestern...

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On June 24, 2013, the Supreme Court rejected a lower standard of proof for employee retaliation claims under Title VII, finding that a lower causation standard could tempt poorly performing employees to file frivolous claims...more

Miller Canfield

"But for" causation must be used in Title VII retaliation cases, U.S. Supreme Court says

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Title VII retaliation claims must be proven according to traditional “but for” causation principles, and not the less strict “motivating factor” standard applicable to other claims under the Statute, the U.S. Supreme Court...more

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

U.S. Supreme Court Issues Two Key Title VII Rulings

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

On June 24, 2013, the Supreme Court of the United States issued two highly-anticipated decisions. In Vance v. Ball State University, the justices considered whether the “supervisor” liability rule established by Supreme Court...more

Baker Donelson

Supreme Court Decides Two Significant Cases in Favor of Employers

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On June 24, 2013, the U.S. Supreme Court issued two decisions that will provide useful tools to employers in defending employment litigation....more

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