News & Analysis as of

Termination Hiring & Firing Willful Misconduct

Foley & Lardner LLP

What the NLRB Can Teach You About Documenting Employee Misconduct

Foley & Lardner LLP on

Innocent mistakes are an unfortunate reality in our fast-paced, technology-driven society. But an employer does not have to tolerate an employee doubling down on his mistake by deceiving his employer and actively impeding an...more

FordHarrison

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

FordHarrison on

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

Pullman & Comley - Labor, Employment and...

Honesty is the Best Policy

May an employer fire an employee for lying about the reason for an absence? In a recent decision, the Connecticut Appellate Court said “yes.” Orlando Martinez worked for Polar Industries as a machine operator. He was...more

FordHarrison

#Fired: Post a Tweet, Lose Your Job

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Many people enjoy spouting off what they view as 140-character tidbits of wisdom on the social media platform Twitter. But recently several individuals have found themselves in trouble with their employers (read: former...more

Constangy, Brooks, Smith & Prophete, LLP

Should An Employer Fight Unemployment? The Debate Continues . . .

You may remember that I stirred up some contentiousness a few weeks ago when I suggested that employers should not challenge unemployment claims except in the worst cases. ...more

Sheppard Mullin Richter & Hampton LLP

Employer Permitted to Use “After-Acquired” Evidence at Discrimination Trial

In Weber v. Fujifilm Medical Systems USA Inc., et al., case numbers 13-4891 and 14-0206, decided on October 9, 2014, the U.S. Court of Appeals for the Second Circuit held that a former executive’s employer could use...more

Proskauer - Law and the Workplace

Second Circuit Allows After-Acquired Evidence to Support Termination Decision

On October 9, 2014, the United States Court of Appeals for the Second Circuit, in a summary order, affirmed a district court’s admission of evidence at trial of a former employee’s misconduct, discovered after the employee’s...more

Faegre Drinker Biddle & Reath LLP

NLRB Finds That Employer Improperly Disciplined Employee Who Obscenely Grabbed His Crotch in Front of Female Co-Worker

On July 3, 2014, the National Labor Relations Board (NLRB) handed down a decision in the case of Consolidated Communications d/b/a Illinois Consolidated Telephone Co. and Local 702, Int'l Brotherhood of Electrical Workers,...more

McNees Wallace & Nurick LLC

NLRB Upholds Discharge for Deliberate Betrayal, Despite Reliance on Unlawful Policy

The National Labor Relations Board recently issued a somewhat surprising decision that provides useful guidance to employers facing employee misconduct. In Flex Frac Logistics, LLC, the Board found that an employee's...more

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