News & Analysis as of

Employee Misconduct Employer Liability Issues Employment Policies

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

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

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

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

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

Littler

Dear Littler: What are the substance use concerns of workplaces past, present, and future?

Littler on

Dear Littler, I’m in charge of organizing our holiday party this year. To keep things civil, we’re limiting alcohol and reminding employees that although our state has legalized the recreational use of marijuana, there...more

Steptoe & Johnson PLLC

Navigating the West Virginia Safer Workplace Act: What To Do When an Employee Reports to Work Under the Influence

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The holiday season and corresponding celebratory shenanigans will soon be upon us. This means that many employers may be facing the question, “What do we do when someone brings their party to work?” This article aims to cover...more

Miles & Stockbridge P.C.

It’s Holiday Season! Let’s Celebrate Responsibly.

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

Epstein Becker & Green

Massachusetts Federal Judge Rules that Protected Activity Does Not Shield an Employee from the Consequences of Engaging in...

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On November 13, 2023, in USA ex rel, Morgan-Lee, et al. v. The Whittier Health Network, LLC, et al., a Massachusetts federal district judge concluded that although the plaintiff engaged in protected activity when she raised...more

Amundsen Davis LLC

[Ongoing Program] Session 5: Conflict Resolution - November 15th, 12:00 pm - 2:00 pm CT

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Amundsen Davis’s Leadership & Management Certification Training Series - Develop your managers into the professional leaders who create the culture that propels your business. Amundsen Davis’s Leadership & Management...more

Amundsen Davis LLC

[Ongoing Program] Session 4: Performance Improvement Plans - November 1st, 12:00 pm - 2:00 pm CT

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Amundsen Davis’s Leadership & Management Certification Training Series - Develop your managers into the professional leaders who create the culture that propels your business. Amundsen Davis’s Leadership & Management...more

Amundsen Davis LLC

[Ongoing Program] Session 3: Conducting Workplace Investigations and Documenting Employee Issues - October 18th, 12:00 pm - 2:00...

Amundsen Davis LLC on

Amundsen Davis’s Leadership & Management Certification Training Series - Develop your managers into the professional leaders who create the culture that propels your business. Amundsen Davis’s Leadership & Management...more

Amundsen Davis LLC

[Ongoing Program] Session 2: How to Effectively and Lawfully Communicate with Your Employees - October 4th, 12:00 pm - 2:00 pm CT

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Amundsen Davis’s Leadership & Management Certification Training Series - Develop your managers into the professional leaders who create the culture that propels your business. Amundsen Davis’s Leadership & Management...more

Amundsen Davis LLC

[Ongoing Program] Session 1: Recruiting and Onboarding Employees - September 20th, 12:00 pm - 2:00 pm CT

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Amundsen Davis’s Leadership & Management Certification Training Series - Develop your managers into the professional leaders who create the culture that propels your business. Amundsen Davis’s Leadership & Management...more

Troutman Pepper Locke

How to Combat Corporate Theft: Office Space - Hiring to Firing Podcast

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Corporate theft can happen in any workplace. What type of employee is most likely to steal from the company or its customers? What can companies do to combat this? Partners Tracey Diamond and Evan Gibbs chatted with Troutman...more

Spilman Thomas & Battle, PLLC

Harassment Outside the Workplace: Can it Lead to Employer Liability?

While employers cannot police all employee conduct outside the workplace, employee interactions outside of work can – and do – impact the work environment. Indeed, under certain circumstances, inappropriate conduct by an...more

McAfee & Taft

Disciplining employee misconduct: A return to (relative) complexity

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The decisions of the National Labor Relations Board have always been subject to the change — sometimes shifting pro-employer, sometimes pro-labor — depending on the political composition of its members. Once again, the Board...more

Seyfarth Shaw LLP

Bitter Medicine: Third Circuit Holds Officers Disciplined for Offensive Social Media Posts Stated a First Amendment Claim

Seyfarth Shaw LLP on

Seyfarth Synopsis: On June 8, 2023, the United States Court of Appeals for the Third Circuit held in Fenico v. City of Philadelphia that police officers disciplined for offensive Facebook posts stated a First Amendment claim...more

Dorsey & Whitney LLP

The NLRB Reverses Course (again) on Employee Outbursts and Protected Concerted Activity

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What happens when an employee starts yelling at the boss, makes profane social media posts about work, or engages in other “abusive conduct?” In many cases, employers can follow their own policy and impose discipline if...more

Morgan Lewis

NLRB Returns to Liberalized Section 7 Protection for Workplace Misconduct Incidents

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The National Labor Relations Board’s recent decision in Lion Elastomers reinstated setting-specific standards to assess how employers respond to employee misconduct, including potentially profane, discriminatory, and...more

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