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Termination Employment Litigation Dismissals

McDermott Will & Emery

Arbeitsrechtliche Konsequenzen für die Kampener „Rich Kids

McDermott Will & Emery on

AUSLÄNDERHETZE ALS KÜNDIGUNGSGRUND? Sie wollen „Deutschland den Deutschen“ vorbehalten, meinen damit ausschließlich sich selbst (nicht etwa die Kassiererin im Supermarkt) und grölen „Ausländer raus“. Sowohl ihre Kleidung...more

Parker Poe Adams & Bernstein LLP

FMLA Requires Employers to Adjust Work Expectations

When we talk with employers about employees taking Family and Medical Leave Act leave, we sometimes get questions about the impact of the employee’s absence on the business. We in turn explain that the FMLA is an entitlement,...more

Parker Poe Adams & Bernstein LLP

Admission That Business Unit Was Closed Due to Employee's Disability Precludes Dismissal of ADA Claim

When advising employers about the legal risks associated with a business reorganization, we generally advise that discrimination claims are less likely when a company closes an entire facility or department as compared to...more

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

Deaf Ramp Agent’s Inability to Communicate With Others While Working Posed ‘Direct Threat’ to Employee Safety, Court Rules

SkyWest Airlines, Inc., was justified in discharging a deaf ramp agent because his inability to hear or effectively communicate posed a “direct threat” to the safety of himself and others, the U.S. District Court for the...more

McDermott Will & Emery

Kündigungsgrund: WhatsApp-Nachricht – Bundesarbeitsgericht (BAG) erteilt pauschaler Vertraulichkeitserwartung eine Absage

McDermott Will & Emery on

Das Bundesarbeitsgericht hatte sich in einer aktuellen Entscheidung (BAG, Urteil vom 24. August 2023 – 2 AZR 17/23, PM) damit auseinander zu setzen, inwiefern Äußerungen, die in privaten WhatsApp-Chatgruppen getätigt wurden,...more

Genova Burns LLC

Digital Walls Surrounding Speech on Social Media Crumble: NJ Appellate Division Upholds Employee Termination for Racist Facebook...

Genova Burns LLC on

On May 20, 2022, in McVey v AtlantiCare Medical System, the New Jersey Appellate Division Panel affirmed the dismissal of an employee’s case holding that her termination was not in violation of the protections afforded to...more

Genova Burns LLC

Whose Burden is it Anyway? NJ Appellate Division Holds Employee Fails to Meet the Burden of Persuasion of Showing Discriminatory...

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Despite surviving summary judgment, securing a favorable verdict at the second trial, and being awarded counsel fees, Plaintiff’s gender discrimination case was abruptly dismissed by the Appellate Division. On January 3,...more

Miles & Stockbridge P.C.

Texas Court Upholds Mandatory Vaccination Policy

Since vaccines have become readily available, employers have been grappling with whether they should mandate vaccines for employees. Most companies have chosen to “strongly encourage” employees instead of mandating, and many...more

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

Fifth Circuit Loss for Employee Who Refused Vaccine for Religious Reasons

As the COVID-19 vaccine becomes more readily available, employers are considering mandatory vaccination for their employees and in particular, how to respond to employee requests for accommodation, whether on the basis of...more

Genova Burns LLC

School’s Out: Third Circuit Upholds Termination of Former History Teacher for Instruction on Holocaust Denial Theories

Genova Burns LLC on

On February 22, 2020, the Third Circuit Court of Appeals affirmed the District Court’s dismissal of discrimination, hostile work environment, and wrongful termination claims filed by a former non-tenured high school History...more

Dentons

Drug Testing Under Iowa Law

Dentons on

It is no surprise to any Iowa employer that the state has one of the most complex drug testing statutes in the country. Iowa Code §730.5 places the burden specifically on the employer to show strict compliance and can be...more

Holland & Hart - Employers' Lawyers

CO Employers Can Forgo Paying Out Unused Vacation Upon Termination

Unused vacation time can represent a substantial liability on the books for many employers. Therefore, the extent to which you can control the payout of unused vacation time upon an employee’s separation from employment is an...more

Dickinson Wright

Michigan Court of Appeals Holds that Violating Code of Ethics a Legitimate, Non-Discriminatory Reason for Termination

Dickinson Wright on

On July 23, 2019, the Michigan Court of Appeals affirmed dismissal of an age-discrimination complaint against a bank where the bank’s internal investigation revealed that the plaintiff violated its code-of-ethics policy. ...more

Parker Poe Adams & Bernstein LLP

Fourth Circuit Sets Low Bar for Discrimination Claim to Survive

An African-American employee comes into work early one day, with plans to leave earlier than originally scheduled. When he is informed that his vehicle is being serviced and is not immediately available, he blows up at the...more

Parker Poe Adams & Bernstein LLP

Eighth Circuit Says ADA Does Not Require Waiving Attendance Policy

Job-protected leave continues to be the most common accommodation requested by employees under the Americans with Disabilities Act. For employers, the question remains at what point does the amount of work missed end the...more

Parker Poe Adams & Bernstein LLP

Religious School Does Not Have to Restrict Hiring By Faith to Claim Ministerial Exemption

In its 2012 Hosanna-Tabor decision, the U.S. Supreme Court recognized a “ministerial exemption” to employment claims brought under Title VII and the ADA. The exception allows religious employers to make what otherwise would...more

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