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Employee Misconduct Employment Policies Employment Litigation

Ankura

Conducting Crisis-led Investigations for Workplace Matters

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An anonymous whistle-blower reports sexual misconduct by the CEO and threatens to go to the media… In the post-MeToo era, organisations face significant challenges when sensitive workplace allegations and details of the...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

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

Epstein Becker & Green

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

Epstein Becker & Green on

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

Tucker Arensberg, P.C.

Teacher Discharged for Social Media Posts

Tucker Arensberg, P.C. on

In the Matter of Arbitration Between Milton Area Education Association and Milton Area School District (Talarico 2022) (Arbitrator sustains discharge of teacher for inappropriate social media posts)....more

Seyfarth Shaw LLP

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

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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

Miller Canfield

Time is Money: Addressing Time Theft in the Workplace

Miller Canfield on

Every minute counts in the workplace, but what happens when employees start stealing worktime for personal gain? This important issue is known as time theft which is the act of employees taking advantage of company time for...more

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

Texas Appellate Court Clarifies Proof Required for Establishing Misconduct in Receipt of Unemployment Benefits Cases

Navigating the unemployment benefit administrative process under the Texas Unemployment Compensation Act can be difficult for employers. The act limits the type of conduct that may disqualify a claimant from receiving...more

Laner Muchin, Ltd.

Seventh Circuit Reiterates Who is “Similarly Situated” for Purposes of Title VII Claims

Laner Muchin, Ltd. on

In a recent opinion, the U.S. Court of Appeals for the Seventh Circuit reiterated the requirements that must be met for an employee to identify a similarly situated comparator for purposes of a Title VII claim. Gamble v. FCA...more

Littler

Canada: Alberta Court of Appeal Reminds Adjudicators to take a Modern Approach to Sexual Misconduct in the Workplace

Littler on

Two years after the #MeToo Movement made the prevalence of sexual harassment and sexual assault in the workplace known worldwide, the Alberta Court of Appeal in Calgary (City) v. Canadian Union of Public Employees Local 37,...more

Harris Beach Murtha PLLC

[Event] Fall 2019 Workplace Harassment Prevention Training - October 24th, New Haven, CT

Harassment in the workplace is a common complaint of employees, and creates a liability for your business. The key to the prevention of unlawful harassment in the workplace is training. In this program we will review the law...more

Parker Poe Adams & Bernstein LLP

North Carolina Appellate Decisions Reach Different Conclusions With Regard to Disqualification for Unemployment Benefits Due to...

Under N.C. Gen. Stat. § 96-14.6, individuals are disqualified from receiving unemployment benefits if they are discharged due to misconduct associated with the work. On September 3, the North Carolina Court of Appeals issued...more

Cozen O'Connor

#No Filter: Terminating an Employee for Social Media Posts – Part 2

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Prior to the advent of social media and especially the #MeToo movement, employers were generally comfortable drawing a bright line between what employees did on their own time and workplace misconduct. ...more

Littler

Ninth Circuit Holds Tribal Employers Can Sue Non-Member Employees in Tribal Court for Torts Committed in the Scope of Employment

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Throughout the United States, tribal governments and businesses employ thousands of non-Native Americans. Indeed, in many rural counties, the largest employers are tribal. ...more

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