News & Analysis as of

Termination Employer Liability Issues

Make Sure FMLA Forms Mailed to Employees Can Be Traced

Here is a nightmare scenario for human resources: The company sends an employee absent from work the required Family and Medical Leave medical certification form via regular mail. The employee fails to return the form within...more

You’ve Concluded Something “Inappropriate” Occurred in the Workplace. What’s Next?

by Shipman & Goodwin LLP on

The supervisor did it. Yep, you’ve concluded that he sent unwanted texts to his subordinate telling her she looked “beautiful.” Maybe even stopped by her hotel room unannounced one night at a conference for a “nightcap”....more

“Hope I don’t get AIDS. Just kidding. I’m white!”: How to get yourself fired for a Facebook post

by Dorsey & Whitney LLP on

Social media has created a minefield of concerns for both employees and employers. The news is full of stories of employees documenting their questionable off-duty conduct on social media, or posting comments containing...more

Seventh Circuit Holds That The ADA Is Still Not A Leave Statute

by Jackson Lewis P.C. on

On October 17, 2017, on the heels of its landmark decision in Severson v. Heartland Woodcraft, the Seventh Circuit affirmed summary judgment in favor of the employer in its unpublished opinion in Golden v. Indianapolis...more

Termination – The Bargaining Tool of Choice?

by K&L Gates LLP on

Employers are finding it harder to successfully negotiate changes to long term (and often expensive) benefits provided by enterprise agreements. In situations where economic circumstances dictate a need to reduce labour...more

No Fingerprinting as a Religious Accommodation? Yes, Says Court

by Shipman & Goodwin LLP on

You wouldn’t think that fingerprinting would be brought into the world of religious accommodations. After all, the importance of background checks cannot be denied, particularly when the prospective employee is going to...more

Wal-Mart Manager Terminated for Alleged Drug Abuse Files ADA Disability Bias Claim

Last Monday, former Wal-Mart manager Kathryn Silva filed an ADA disability bias claim in the Middle District of Pennsylvania that alleged Wal-Mart terminated her because she refused to sign a “last chance agreement.” The...more

7 Steps To Sever Ties With An Employed Physician

by Fisher Phillips on

It is always unpleasant for a healthcare entity or medical practice to have to sever ties with an employed physician, but it is sometimes necessary. Perhaps the physician has committed serious policy violations or lost an...more

There’s no debate: freedom of speech presents challenging legal issues for workers and employers in the age of social media

by Womble Bond Dickinson on

John Pueschel, partner in the Winston-Salem office of Womble Bond Dickinson, examines the limits on employee free speech and use of social media against the background of recent events at Google and in Charlottesville....more

Radical Candor in the Workplace: How “Being Nice” To Employees May Place You In Legal Jeopardy

by Fisher Phillips on

Is honesty really the best policy at the workplace? Some employers believe that a few little white lies might help them avoid uncomfortable situations and confrontations. It’s common for some to spare an employee’s feelings...more

Dallas Cowboys Controversy Highlights Trap for Union and Non-Union Employers

by Barley Snyder on

Dallas Cowboys owner Jerry Jones publicly announced recently that he would bench any player who kneels during the national anthem. As a lifelong Cowboys fan, the flap momentarily diverted my attention from the Cowboys’...more

Unfair Dismissal: Can a Disciplinary Investigation Be Too Thorough?

by Faegre Baker Daniels on

In NHS 24 v Pillar UKEATS/0005/16, the Employment Appeal Tribunal (EAT) considered the appropriate scope of an employer’s investigation into alleged misconduct in disciplinary proceedings. Ms Pillar was employed by NHS 24...more

Episode 24: EEOC Commissioner Chai Feldblum Part I: Employers' "Superstar Harassment" Problem

by Akerman LLP on

Amidst seemingly endless sexual harassment headlines, Matt Steinberg welcomes EEOC Commissioner, Chai Feldblum, to discuss the "Superstar Harasser" epidemic. The discussion will explore what companies can do to prevent and...more

An “Employee’s” Right to Inspect His or Her Personnel File in Pennsylvania

by Fisher Phillips on

Employers commonly find themselves answering the following question: What right does a former employee have to access his or her personnel file? Often, after an employer terminates an employee, that employee and/or the...more

Is An “Honest Belief” Of FMLA Misuse Enough For Termination?

by Pepper Hamilton LLP on

Q.  Can I discharge an employee if I believe that he or she is misusing FMLA? A.  According to a recent Third Circuit opinion, an employer’s honest belief that its employee misused FMLA leave is sufficient to defeat an...more

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

by 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

Seventh Circuit Rejects EEOC Position Holding That a "Long-Term Leave of Absence" is Not a Reasonable Accommodation

by Clark Hill PLC on

On September 20, 2017, the Seventh Circuit held a "long-term leave of absence," in addition to 12 weeks of Family Medical Leave Act (FMLA) leave, is not a reasonable accommodation under the Americans with Disabilities Act...more

When You Don't Train Your Managers About the FMLA, You're Begging for This Kind of Smackdown

by Franczek Radelet P.C. on

When a manager learns that one of his employees is in the hospital, that’s almost always enough information for the employer to have an inkling that the employee may need FMLA leave. ...more

Top Five Labor Law Developments For September 2017

by Jackson Lewis P.C. on

An employer violated the National Labor Relations Act when it discharged an employee who protested an unlawful confidentiality policy, even though the employee protested without the involvement of any coworkers, the U.S....more

Here’s A Tip, Minnesota: Discharging Employees For Refusing To Share Gratuities Is Prohibited

by Jackson Lewis P.C. on

Discharging an employee for refusing to share tips is illegal under the Minnesota Fair Labor Standards Act (MFLSA), according to the Supreme Court of Minnesota. Burt v. Rackner, Inc., 2017 Minn. LEXIS 629 (Minn. Oct. 11,...more

What Crawled Out from Under That Rock- Negligent References and Reporting Issues

by Davis Brown Law Firm on

Many employers faced with an employment termination decision look for the simplest process for termination, one that causes the least hardship for the employee and mitigates the most litigation risk for the employer....more

New Mexico Court Rules Employee Is Entitled To Nationwide Discovery In FMLA Case

by Jackson Lewis P.C. on

On October 10, 2017, Judge Ritter issued the Memorandum Opinion and Order which granted a former employee’s Motion to Compel and held that the former employee was entitled to information from the company’s nationwide offices...more

Seventh Circuit Provides Clarity on Leaves of Absence and the ADA

by Holland & Knight LLP on

The U.S. Court of Appeals for the Seventh Circuit recently held that an employer's refusal to offer an employee a two- or three-month medical leave of absence following his exhaustion of his Family Medical Leave Act (FMLA)...more

The Devil Is In the Details: New Board Members Likely To Change Law In Nuanced Ways

by Proskauer - Labor Relations on

The end of September in most years sees a spate of new NLRB decisions, sometimes dozens, issued on or about September 30, to coincide with the end of the agency’s fiscal year. Not so this past September 30 because of the...more

Seventh Circuit Holds That Extension of A Medical Leave Is Not A Reasonable Accommodation

On September 20, 2017, the Seventh Circuit held that an extension of a medical leave more than a few days beyond the 12 weeks provided by the Family and Medical Leave Act (“FMLA”) is not a reasonable accommodation under the...more

313 Results
|
View per page
Page: of 13
Cybersecurity

"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:
Sign up using*

Already signed up? Log in here

*By using the service, you signify your acceptance of JD Supra's Privacy Policy.
*With LinkedIn, you don't need to create a separate login to manage your free JD Supra account, and we can make suggestions based on your needs and interests. We will not post anything on LinkedIn in your name. Or, sign up using your email address.