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Termination Employer Liability Issues Today's Popular Updates

Weintraub Tobin

California Employment News: Considerations for Employment Termination (Podcast)

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Considerations for Employment Termination Navigate California's at-will employment landscape, ensuring professionalism and legality in employee termination. Nikki Mahmoudi and Tomiwa Aina of Weintraub Tobin's Labor and...more

Health Care Compliance Association (HCCA)

Report on Patient Privacy Volume 23, Number 2. Privacy Briefs: February 2023

Report on Patient Privacy Volume 23, no 2 (February 2023) DCH Health Systems, based in Tuscaloosa, Ala., said it fired an employee in December after a routine privacy audit revealed evidence that the worker had accessed some...more

Sheppard Mullin Richter & Hampton LLP

California’s SB 331 Extends Sweeping Changes to Workplace Settlement and Separation Agreements

In 2018, California passed Senate Bill 820, the STAND Act (Stand Together Against Non-Disclosure Act), in response to the #MeToo movement. SB 820 prohibited the use of confidentiality provisions in settlement agreements...more

Payne & Fears

Don’t Let Technology Run Away With Your Customer Information

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For many companies, customer information ranks among its most important assets. Yet these days, employees often keep this sensitive customer information in electronic locations that are not readily accessible to or controlled...more

FordHarrison

Roseanne Barred from ABC: How to Protect Your Business from Social Media Meltdowns

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Roseanne Barr, known for her big mouth and abrasive humor, is no stranger to controversy. (I still cringe when I recall her rendition of the national anthem.) Unfortunately for her, and the more than 200 people who worked on...more

Husch Blackwell LLP

D.C. Circuit To The NLRB: Lying Is Not Protected Activity

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Last week, the U.S. Court of Appeals for the D.C. Circuit reversed and remanded a pro-employee Board decision concerning an employee who had been discharged based on the “disparaging content” of the testimony he made before...more

Jackson Lewis P.C.

Prior Entitlement To FMLA Leave Is Not A Free Ticket To Miss Work For Non-FMLA Covered Reasons

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The U.S. District Court for the Middle District of Pennsylvania recently upheld an employer’s decision to terminate an employee under its policy against excessive absenteeism, in spite of the fact that the former employee had...more

Jackson Lewis P.C.

Timing Is Everything: FMLA Claim Survives Summary Judgment Where Employer Began Auditing Employee’s Records The Day After FMLA...

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Employees requesting, currently taking, or just returning from leave under the Family and Medical Leave Act (“FMLA”) can be terminated for legitimate reasons that are unrelated to their FMLA leave. This point is exemplified...more

Akerman LLP

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

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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

Clark Hill PLC

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

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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

Cozen O'Connor

I-13 – Policies, Policies, Policies, and Microchips Embedded in Employees

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Michael Schmidt of Cozen O'Connor addresses recent trends and noteworthy developments on certain employment policies related to political activity, confidential customer information, FMLA retaliation, and maximum leave...more

Blake, Cassels & Graydon LLP

Top 10 Employment & Labour Issues for Employers

1: Accommodation in the Workplace - OVERVIEW - Employers have a duty to accommodate employees’ needs based on those grounds protected under federal and provincial human rights legislation. All employers are required...more

Saul Ewing LLP

Termination Deliberations Privileged Thanks to Attorney Member of Three-Person “Termination Review Committee”

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In a potentially game-changing decision for employers, the United States District Court for the Southern District of New York denied a former employee’s motion to compel the depositions of her former employer’s three-person...more

Akerman LLP

Episode 11: Legal and Business Issues Stemming From Employees' Out-of-Work Conduct

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Matt welcomes Angela Corridan, Director of Labor & Employment Law for JetBlue Airways Corporation, and Ron Palmese, General Counsel for Shake Shack, to generally discuss both employees' and employer's increased social and...more

Foley & Lardner LLP

When is Aberrant Workplace Behavior Sufficient to Justify Termination?

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Aberrant workplace behavior caused by stress or a psychological condition is not uncommon. However, such behavior can also cause employers to become anxious regarding how to lawfully deal with the disruption and its effect on...more

Hinshaw & Culbertson LLP

The EEOC's Battlecry: Cracking Down Hard on Religious Discrimination

On the heels of the biggest religious discrimination case in years, and in line with the EEOC's "hottest litigation trend" (according to David Lopez, General Counsel of the EEOC), the EEOC continued its charge against...more

Mintz - Employment, Labor & Benefits...

Federal Court Allows Terminated Employee to Proceed with Age Discrimination Claim Despite Her Execution of a Release of Claims

A recent Colorado federal court decision serves as a good reminder to employers on how not to obtain a release of claims from a terminated employee. For starters, don’t tell the employee her job is being eliminated and then...more

Seyfarth Shaw LLP

Ninth Circuit: The EEOC Can Subpoena Extensive Employee Information

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As our readers may recall, in November 2012, Judge G. Murray Snow of the U.S. District Court for the District of Arizona nixed a subpoena issued by the EEOC seeking employee pedigree information (name, address, telephone...more

Proskauer - Whistleblowing & Retaliation

Cal. App. Court Finds in Favor of Whistleblower Who Never Complained of Unlawful Conduct by the Employer

In Cardenas v. M. Fanaian, D.D.S., Inc., Case No. F069305 (Cal. App. 5 Dist.), a California Court of Appeal determined that Plaintiff Cardenas could pursue a California Labor Code Section 1102.5 retaliation claim against her...more

Fisher Phillips

Drinking On The Job? Five Things Employers Need To Know In The Wake Of The USC Football Coach Controversy

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Football powerhouse USC (University of Southern California) fired its head football coach Steve Sarkisian on October 12, 2015, after it was widely reported that the coach had been under the influence of alcohol during several...more

Mintz - Employment, Labor & Benefits...

Something is Rotten at the Pork Roll Company … and it’s not the Pork Rolls: Flatulent Employee (and his Wife) Bring Claims for...

Is passing gas now protected by our anti-discrimination laws? Over the past several years, we have written extensively about the possibility of obesity discrimination lawsuits becoming the next wave of disability...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...

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

Ervin Cohen & Jessup LLP

“Hello there!” (The absolute worst way to terminate an employee.)

The Internet is abuzz about an incredibly tacky, laughably inappropriate mass email that Microsoft sent to nearly thirteen thousand employees informing them, somewhere deep in the self-serving “it’s not you, it’s me” message,...more

JD Supra Perspectives

Hiring & Firing: What Does a Successful Separation Agreement Between Employer & Employee Look Like?

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In light of recent lawsuits by the EEOC against companies with overly broad or misleading severance agreements, we asked our contributors: What exactly is a successful separation agreement between employer and employee?...more

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