Tag: termination

February 7, 2024

Insubordination. IP disclosure. Misconduct. Breach of restrictive covenant. All of these are legitimate reasons to fire someone, but what do HR managers and business owners need to know about the legal technicalities surrounding employment termination? Components of a legal termination […]

September 5, 2023

The National Labor Relations Board (NLRB) continues to move the needle on its interpretation of the National Labor Relations Act (NLRA) in favor of unions. For example, in Memorandum GC 23-02 entitled “Electronic Monitoring and Algorithmic Management of Employees Interfering […]

April 13, 2023

The title is a prediction, not a done deal. But no later than June 2023, I believe the U.S. Supreme Court will jettison a 46-year-old case that neutered an employer’s obligation to reasonably accommodate all aspects of an employee’s religious […]

April 5, 2023

Employers that had not signed an arbitration agreement between an employee and a related company could not enforce the agreement, a California appeals court ruled. The employee worked for seven related companies, all of which shared office space in the […]

March 3, 2023

An employment relationship may be ended in a variety of ways with different legal consequences, so it’s important to accurately determine the method by which it’s terminated. An involuntary termination (i.e., the employee is fired) occurs when the employer decides […]

February 21, 2023

A longtime employee of an insurance company failed to show that his termination was the result of age discrimination or retaliation for expressing disagreement with the outcome of a sexual-harassment investigation, the 1st U.S. Circuit Court of Appeals ruled. The […]

January 30, 2023

Following an employee’s policy violations, misconduct or substandard performance, you may conclude it’s time to send the worker a termination letter. How that letter is worded might save you a legal headache. “When involuntarily separating an employee, a termination letter […]

January 10, 2023

A former McDonald’s executive is in hot water once again. The Securities and Exchange Commission (SEC) has charged former company CEO Steve Easterbrook for making false and misleading statements to investors about the circumstances leading to his termination in November […]

January 9, 2023

A doctor who brought sex and age discrimination claims against the U.S. attorney general because she failed an allegedly discriminatory physical fitness test that was a condition of her employment and was told to either retake the test, resign or […]

January 4, 2023

Under a new National Labor Relations Board (NLRB) rule, employers must compensate workers to make up for the direct consequences of unfair labor practices. This ruling could be expensive for employers, adding consequential damages to the board’s usual make-whole remedies. […]

December 28, 2022

While the term “quiet firing” may be new – and chatter around the trend increases – the practice is an age-old tactic used to force an employee to eventually quit. A recent LinkedIn News poll with over 20,000 respondents revealed […]

December 21, 2022

Abank employee running for a New York State Assembly seat who was asked to choose between running for office and continuing his employment with the bank could proceed with his lawsuit under New York law, a federal appeals court ruled. […]

November 21, 2022

The Georgia Court of Appeals recently upheld a trial court’s dismissal of an employee’s claim that his employer failed to accommodate his disability, holding that Georgia state law provided him no legal remedy. Facts In 2016, Lindsay Pope Brayfield & […]

October 27, 2022

One of the biggest missteps within many organizations is rushing to terminate an employee before the record is ready to support it. When the lawsuits inevitably pop up, employers suddenly realize they moved too quickly to separate someone’s employment without […]

October 25, 2022

On August 15, 2022, the U.S. Third Circuit Court of Appeals (whose rulings apply to New Jersey, Delaware, and Pennsylvania employers) upheld the District of New Jersey’s dismissal of an employee’s age discrimination claims, finding she was unable to show […]

September 19, 2022

One of the things that happens with the Family and Medical Leave Act (FMLA) is a disconnect between the complex structure of the FMLA and its practical application. Plaintiffs’ attorneys will sometimes assert that they don’t understand how there could […]

August 30, 2022

Once an employee requests an accommodation, their employer has a duty to engage in an “interactive process” to try to determine whether they can accommodate the disability. With that in mind, employers should take note of this recent decision from […]

August 17, 2022

Layoffs open employers up to the possibility of lawsuits under a wide range of laws, including the Worker Adjustment and Retraining Notification (WARN) Act, state “mini-WARN” requirements and the Older Workers Benefit Protection Act (OWBPA). Nonetheless, employers can adopt some […]

August 4, 2022

When an employee is arrested outside of work hours, it’s never welcome news, but there are some key do’s and don’ts for HR professionals to keep in mind. It’s not easy to find a balance between protecting the rights of […]

June 28, 2022

Conclusory allegations of gender discrimination are not sufficient to allow a plaintiff to survive summary judgment, according to the 6th U.S. Circuit Court of Appeals. In order to overcome a motion for summary judgment in a gender discrimination lawsuit brought […]