News & Analysis as of

Termination Discipline

BCLP

Private life and disciplinary dismissal

BCLP on

In this case submitted to the Supreme Court (“Cour de cassation”), a State health insurance agency dismissed one of its employee for gross misconduct for having sent to some of her colleagues, through her professional email...more

Sheppard Mullin Richter & Hampton LLP

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

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

Jackson Lewis P.C.

Labor Judge Decision Explains Employer Discipline of Employee for Serious Performance Issues

Jackson Lewis P.C. on

Two important principles under the National Labor Relations Act are worth reiterating to construction employers: first, employees cannot be disciplined for engaging in activity protected by that Act; and, second, employers...more

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

New York City’s New Job Protection Bill: Will It End At-will Employment?

New York City is considering a bill known as the “Secure Jobs Act,” which would prohibit employers from discharging employees without “just cause” and advanced notice in most cases. Introduced on December 7, 2022, Int...more

Jackson Lewis P.C.

NLRB Reminds Employers Importance of Applying Consistent Discipline Policies in Workplace

Jackson Lewis P.C. on

Noting the employer did not have an employee code of conduct policy prohibiting the use of derogatory language, the National Labor Relations Board (NLRB) held an automotive dealership violated the National Labor Relations Act...more

Foley & Lardner LLP

Give Employees the Opportunity to Be Heard Before Imposing Discipline

Foley & Lardner LLP on

Sometimes employers believe they have all the evidence they need to discipline or terminate an employee, even without having talked to the employee and hearing the employee’s side. Why waste time talking to the employee when...more

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

Louisiana Employers May Be Able to Discharge Unvaccinated Workers Under Employment-at-Will Doctrine

In a pair of related rulings in Hayes v. University Health Shreveport, LLC, and Nelson v. Ochsner Lafayette General, the Supreme Court of Louisiana held on January 7, 2022, that private Louisiana employers may mandate...more

Constangy, Brooks, Smith & Prophete, LLP

Make Sure The Discipline Train Leaves The Station On Time

Common sense suggests that once the discipline train has left the station an employee should not be able to derail it by filing a charge of discrimination or engaging in other protected activity. This concept is typically...more

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

Notice Requirements Under the FMLA: Federal Court Reinforces Employees’ Obligations to Follow Established Notification Procedures

On June 17, 2021, the U.S. District Court for the District of Oregon issued an opinion and order in Munger v. Cascade Steel Rolling Mills, Inc., addressing an employee’s claims under the Family and Medical Leave Act (FMLA)...more

Constangy, Brooks, Smith & Prophete, LLP

Employee "Refuses To Sign." Now what?

Should the employer force the issue? You Human Resources professionals are familiar with this scenario. You are present while a supervisor is disciplining an employee. The supervisor has a write-up, pre-approved by you, and...more

Parker Poe Adams & Bernstein LLP

Employers React to Employee Social Media Posts Over Nationwide Protests

As widespread protests against police use of force continue nationwide, a number of employers have received complaints that employee social media comments on the protests include racist content. Employers naturally hesitate...more

Cozen O'Connor

I-17 – Engaging Your Employees in Today’s Workplace, Featuring Rick Turner at Whirlpool Corporation

Cozen O'Connor on

Michael Schmidt, vice chair of Cozen O'Connor’s Labor & Employment Department, discusses how to engage your employees in today’s unique workplace and navigate a multi-jurisdictional set of employment laws. This episode...more

Thomas Fox - Compliance Evangelist

Day 22 of One Month to Better Compliance Through HR-10 Questions to Better Operationalize Compliance

I conclude this month’s series inspired by an article in the Harvard Business Review, entitled “Does Management Really Work?” by Nicholas Brown, Raffaella Sadun and John Van Reenen. I found the article very useful because it...more

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

French Labor Court Holds: Look The Other Way And Pay

France is world-renowned for its protection of employees against adverse employer actions, particularly unilateral terminations. Like virtually all other countries outside the United States, France does not recognize at-will...more

U.S. Equal Employment Opportunity Commission...

Hearn-Kirkwood Will Pay $63,500 to Resolve EEOC Pay Discrimination and Retaliation Lawsuit

Food Service Distributor Unlawfully Disciplined and Later Fired Female Worker Who Complained about Unequal Wages, Federal Agency Charged - BALTIMORE -Gilbert Foods LLC, trading as Hearn-Kirkwood, a food service...more

Parker Poe Adams & Bernstein LLP

Employees Using FMLA Leave Must Abide by Employer's Absence Notification System

Intermittent leave continues to pose some of the most vexing Family and Medical Leave Act problems for employers. Employees eligible for intermittent FMLA leave frequently miss work without advance notice, leaving the...more

Zelle  LLP

Discipline Based on Social Media Activity – An Update

Zelle LLP on

Social media is no longer trendy. It’s commonplace, and so is discipline imposed because an employee posts something inappropriate. According to a Proskauer survey, 70 percent of employers report taking disciplinary action...more

Foley & Lardner LLP

Employers Need to Consider Accommodation Requests Made at Any Time During a Disabled Employee’s Employment

Foley & Lardner LLP on

Can an employer simply ignore a request by a disabled employee for an accommodation made in a meeting that could lead to the employee’s termination? A recent federal case from Wisconsin says no. In the case, the former...more

Foley & Lardner LLP

November Is Coming: Voting and Other Leaves

Foley & Lardner LLP on

The leaves are changing, and the air is turning cooler. While employers are gearing up for fall, voting leave may be far from their minds. After all, even though the presidential candidates are in full swing campaign mode,...more

Pullman & Comley - School Law

Disciplinary Investigations of Employees – Three Names to Know

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

Fisher Phillips

Colorado Employers Handed Medical Marijuana Victory

Fisher Phillips on

On June 15, 2015, the Colorado Supreme Court held in a unanimous decision that employers are still free to prohibit employee marijuana use in their workforces, and can still discipline and terminate employees who test...more

Pullman & Comley - Labor, Employment and...

The Importance of Timing in Employment Terminations

There is a saying that “timing is everything,” and in some instances of employment termination, the timing, if not everything, may still be an important consideration....more

The Volkov Law Group

The Dangers Of Social Media And Employee Discipline

The Volkov Law Group on

As if compliance officers do not have enough on their plates. I have written about this before – the risks of interfering with employees’ “protected activity” on social media. What a nightmare and what a maze of confusion!...more

Patterson Belknap Webb & Tyler LLP

NLRB Issues Pair of Decisions Limiting Employer Discipline and Policies Regarding Social Media

The National Labor Relations Board (NLRB) recently issued a pair of decisions helping to clarify the limits on employers’ ability to (1) discipline employees for their social media activities and (2) implement confidentiality...more

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