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Employer Liability Issues › Retaliation › Disciplinary Proceedings

Parker Poe Adams & Bernstein LLP

At-Will Doctrine Still Applies to Disciplinary Action Following Employer Investigations

Parker Poe Adams & Bernstein LLP on

Here is a common scenario faced by human resources professionals: An employee complains about unprofessional and bullying behavior by a coworker. After interviewing the two employees and other workers, the employer cannot...more

Parker Poe Adams & Bernstein LLP

Employee's PTSD Diagnosis May Excuse Violation of Disciplinary Policies

Parker Poe Adams & Bernstein LLP on

The Americans with Disabilities Act does not require employers to ignore or excuse serious violations of their rules of conduct. For example, an employee who brings a weapon to work in violation of the employer’s policy...more

Foley & Lardner LLP

Employer Retaliation Refresher In Light Of EEOC Virus Update

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The U.S. Equal Employment Opportunity Commission's COVID-19 technical guidance was first published in March 2020 and has been periodically updated throughout the pandemic to address new issues such as vaccine mandates. ...more

Seyfarth Shaw LLP

What To Do When Employee Misconduct And Protected Activity Collide?

Seyfarth Shaw LLP on

Seyfarth Synopsis: When an employee violates company rules or policies, a company is within its rights to respond with appropriate corrective action. How to respond, however, can become complicated when an employee engages in...more

Hogan Lovells

Employment News: whistleblowing; unions; holidays

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It's not what you know – dismissal for whistleblowing despite dismissing manager's belief - In Royal Mail Group Ltd v Jhuti the Supreme Court has reinstated a decision that an employee was dismissed because she had blown...more

Tucker Arensberg, P.C.

Immorality Illustrated: Court Affirms Principal’s Termination After Second DUI Arrest

Tucker Arensberg, P.C. on

Moffitt v. Tunkhannock Area School District, 192 A.3d 1214 (Pa. Commw. Ct. Aug. 18, 2018). The Pennsylvania Commonwealth Court affirmed an elementary school principal’s termination, because sufficient evidence supported...more

Jackson Lewis P.C.

Proof of Workplace Injury Not Required for Workers’ Compensation Retaliation Claim in Ohio

Jackson Lewis P.C. on

Proof of a workplace injury is not required to state a prima facie claim of retaliatory discharge under Ohio’s workers’ compensation statute, the Ohio Supreme Court has ruled, resolving a split among the Ohio Courts of...more

Fisher Phillips

The Chicken Or The Egg?

Fisher Phillips on

You finally decided to take the long overdue disciplinary action. Jack has got to be disciplined. But just before you do, Jack, possibly sensing what’s about to happen, makes a complaint of harassment. This is the first...more

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