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Burden-Shifting Termination

Ice Miller

Employee Terminations: Honesty is the Best Policy

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Terminating an employee can be one of the most consequential decisions an employer can make. The best way to mitigate risk? Honesty....more

Seyfarth Shaw LLP

Eleventh Circuit Holds FMLA Retaliation Requires “But-for” Showing

Seyfarth Shaw LLP on

Seyfarth Synopsis: The United States Court of Appeals for the Eleventh Circuit affirmed a district court’s decision that “but-for” is the proper causation standard for FMLA retaliation claims addressed within the...more

Hinshaw & Culbertson LLP

NLRB Clarifies "Wright Line" Test

Hinshaw & Culbertson LLP on

When motive is at issue in resolving certain unfair labor practices under the National Labor Relations Act (NLRA), the National Labor Relations Board (the Board) utilizes the burden-shifting framework established under Wright...more

Littler

Seventh Circuit to Plaintiffs: Here's Your Burden of Proof

Littler on

Most employees who file employment discrimination claims hope for one of two things – a really sympathetic jury or an employer that is willing to generously settle the lawsuit to avoid the risks and uncertainties of trial. ...more

Pullman & Comley, LLC

Just Give Me a Reason: Court Clarifies Burden-Shifting Standards

Pullman & Comley, LLC on

With apologies to P!nk (and her hit, “Just Give Me a Reason”), a new court decision gives new meaning to the phrase. Before we get to that, longtime readers of the blog will no doubt be familiar with the...more

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