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Employee Misconduct Employer Liability Issues

Amundsen Davis LLC

[Webinar] Breakfast Briefing: Terminating the Problem Employee - July 16th, 8:30 am - 9:30 am CST

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Whether for poor performance, disruptive behavior, or other reasons or motives of an employer needing to end the employment of problem employees, employers need to appreciate that such employees should not be retained solely...more

Lewitt Hackman

Franchisor 101: Duty of Care

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The Texas Supreme Court reversed a lower court’s decision against a franchisor based on a theory of negligence after a customer was assaulted by an employee of the franchisee. The court concluded that franchisor did not owe a...more

Troutman Pepper Locke

Harassment in the Celebrity Workplace: Insights From It Ends With Us — Hiring to Firing Podcast

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It seems that even celebrities are not immune from workplace claims. In this episode of Hiring to Firing, hosts Tracey Diamond and Emily Schifter are joined by their Troutman Pepper Locke employment law partner, Sara...more

Oppenheimer Investigations Group

Guide for Participants in Workplace Investigations

A quick search on Reddit or Google will reveal that workplace investigations often seem shrouded in mystery. Every person involved—complainant, respondent, and witnesses alike—enter the process with questions: Why has my...more

Bradley Arant Boult Cummings LLP

Investigations: Employers Can Avoid Getting in Their Own Way with Some Planning

At some point, every employer will need to investigate an employee’s complaint. An investigation is an important tool that employers can use to fix a workplace problem and minimize liability. Or, an investigation can create...more

Fisher Phillips

New Year, New Goals: Why You’ll Want to Add Workplace Investigation Training to Your 2025 Resolution List

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Before the ink dries on your professional New Year’s resolutions, you may want to add “empower leaders with investigation training.” While most employers appreciate that complaints about potential workplace misconduct or...more

McNees Wallace & Nurick LLC

Don’t End Up on The Naughty List This Year: Reminders for Employers As We Enter Holiday Season

It’s the most wonderful time of the year! The season’s greetings provide us with time to gather and reflect on the accomplishments and triumphs of ourselves and our peers. With a season so festive and spirits so bright, let’s...more

Thomas Fox - Compliance Evangelist

AI in Compliance: Part 3, Leveraging AI for Employee Behavioral Analytics in Corporate Compliance

We continue our 5-part exploration of using AI in compliance by considering how employee behavioral analytics can be used to prevent employee misconduct. Whether intentional or inadvertent, employee misconduct can present...more

Miles & Stockbridge P.C.

How to Celebrate Responsibly at the Office Holiday Party

It’s the most wonderful time of the year, full of holiday cheer but, unfortunately for some employers, also legal risks and potential liability. A company’s annual holiday party, gala or event can quickly turn from a...more

Saiber LLC

It’s Beginning to Look a Lot Like Liability: An Employer’s Checklist for Holiday Parties

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The holiday season has arrived and soon organizations throughout the country will hold their annual holiday celebrations. This much coveted tradition is a great way to network and celebrate with colleagues....more

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

Make the Office Holiday Party Merry, Not Litigious

This time of year, there’s no shortage of twinkling lights and memories of corporate holiday parties gone wrong. While pop singers belt out their most festive tunes, here are some tips to make sure your office holiday party...more

Spilman Thomas & Battle, PLLC

Online, Off-Duty Harassment is Still Unlawful Harassment

Once an employer knows or has reason to know about alleged harassment, it has an obligation to promptly remedy the hostile work environment, even if the offensive conduct occurred wholly offsite, online, or off-duty. This...more

Foley & Lardner LLP

Shifting Views on Paid Administrative Leave

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Employers often place employees on paid administrative leave while they investigate accusations of employee misconduct or make decisions regarding the employees’ employment. Traditionally, most federal courts agreed that this...more

Parker Poe Adams & Bernstein LLP

Fourth Circuit Expands Employer Protections Against Suspected FMLA Misuse

While the Family and Medical Leave Act (FMLA) is designed to protect employees who suffer from a qualifying "serious health condition that makes the employee unable to perform the functions of" their job, its administration...more

Fisher Phillips

Medical Spa Loses $300K After Botched Workplace Investigation: 5 Tips for Employers Investigating Potential Criminal Activity or...

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Two vials of Botox went missing at a medical spa, and the employer had a hunch that a new employee had stolen them. After the police got involved, the employee was arrested and indicted for felony theft by a grand jury, but...more

Littler

Fifth Circuit Scolds NLRB in Case about Employee Outbursts and Requires Board on Remand to Use Standard it Purported to Overrule

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On July 9, 2024, the U.S. Court of Appeals for the Fifth Circuit took the latest step in a continuing controversy about when obscenity or other misconduct by a worker, while raising otherwise protected job complaints,...more

Sheppard Mullin Richter & Hampton LLP

The NLRB Must Apply Its Prior Standard for Protected Employee Outbursts and Abusive Speech

On July 9, 2024, the United States Court of Appeals for the Fifth Circuit told the National Labor Relations Board’s to reconsider the standard for whether abusive or inappropriate speech is protected under Section 7 of the...more

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

Eighth Circuit Chips Away at ‘Honest Belief’ Defense and Creates ‘Intertwinement Test’ for Disability Discrimination Cases

On July 1, 2024, in Huber v. Westar Foods, Inc., in a 2–1 decision, the Eighth Circuit Court of Appeals departed from the “honest belief” defense recognized by the First, Second, Fourth, Fifth, and Seventh Circuits (and U.S....more

Troutman Pepper Locke

Managing Employee Compliance in Highly Regulated Industries — Hiring to Firing Podcast

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In this episode of the Hiring to Firing Podcast, hosts Tracey Diamond and Evan Gibbs are joined by Josh Riggs, owner of Social Cannabis, based in Denver, CO. They delve into the complexities of managing employee conduct in...more

Littler

Louisiana Becomes Latest State to Prohibit Nondisclosure Clauses Related to #MeToo Claims

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Under a new Louisiana law enacted on June 25, 2024, nondisclosure clauses required by an employer and agreed to prior to a hostile work environment dispute or sexual harassment dispute will be unenforceable. Louisiana joins...more

BCLP

UK HR Two-Minute Monthly: May 2024

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Our May update includes a case on whistleblowing where the claimant’s belief in the disclosures was questioned along with whether decision makers who knew little or nothing about the disclosures could be blamed for those who...more

BCLP

Private life and disciplinary dismissal

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In this case submitted to the Supreme Court (“Cour de cassation”), a State health insurance agency dismissed one of its employee for gross misconduct for having sent to some of her colleagues, through her professional email...more

Weintraub Tobin

California Employment News: Effective Disciplinary Procedures and Policies (Podcast)

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Having a fair and meaningful disciplinary process can be a helpful tool for employers to improve employee performance. In this episode of California Employment News, employment attorneys Meagan Bainbridge and Nikki Mahmoudi...more

Weintraub Tobin

California Employment News: Effective Disciplinary Procedures and Policies

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Having a fair and meaningful disciplinary process can be a helpful tool for employers to improve employee performance. In this episode of California Employment News, employment attorneys Meagan Bainbridge and Nikki Mahmoudi...more

Troutman Pepper Locke

Effective Harassment Trainings: Best Approaches With Insights from NCIS — Hiring to Firing Podcast

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In this episode of the Hiring to Firing Podcast, Partners Tracey Diamond and Evan Gibbs draw insights from the TV series NCIS to discuss effective workplace harassment training. Our hosts are joined by Victoria Pasquale,...more

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