News & Analysis as of

Employer Liability Issues Retaliation Employee Misconduct

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

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

CDF Labor Law LLP

Employers May Now Be Limited from Presenting Certain Evidence of Employee Misconduct As Character Evidence In Harassment Cases

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In 2008, Eunices Argueta (Argueta) was hired by a freight operations company in El Segundo, California, eventually acquired by Worldwide Flight Services, Inc. In late 2016 and early 2017, several (5) of her subordinates filed...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

Thomas Fox - Compliance Evangelist

2023 Global Business Ethics Survey: Part 3 – Retaliation in the Workplace

The 2023 ECI Global Business Ethics Survey has shed light on the pressing issues of workplace ethics, retaliation, and whistleblower protection. The survey reveals that employees often face pressure to compromise workplace...more

Parker Poe Adams & Bernstein LLP

Motive Behind Employer's Investigation Determines Retaliation Question

​​​​​​​Here’s another common scenario we see with clients: An employer has an especially difficult employee who has made multiple complaints about their treatment while at the same time performing terribly and missing...more

Bass, Berry & Sims PLC

Third Circuit Upholds Firing of Whistleblower Accused of Harassment by Oinking

On August 26, the U.S. Court of Appeals for the Third Circuit issued an order reaffirming that potential False Claims Act (FCA) whistleblowers are not immune from being fired for workplace misconduct, especially where that...more

Seyfarth Shaw LLP

Title VII, Section 1981, and the Limits of Protected Activity

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Seyfarth Synopsis: Managing employees engaged in potentially protected activity can be tricky when disciplinary and other normal employment actions might be misconstrued as unlawful retaliation. A recent decision from the...more

Seyfarth Shaw LLP

What To Do When Employee Misconduct And Protected Activity Collide?

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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

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

Flaster Greenberg PC

Fast Food Chain Turns $626 Loss Into Nearly $8 Million

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When Chipotle Mexican Grill Inc. fired store manager Jeanette Ortiz, accusing her of stealing $626 in cash from the safe, it could never have expected its minimal theft loss to balloon into a nearly $8 million jury verdict...more

Foley & Lardner LLP

#MeToo – Is Mandatory Arbitration On The Chopping Block?

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On an almost daily basis, the news is filled with reported allegations of harassment by news anchors, Hollywood titans, Senate candidates, sitting congressmen, celebrity chefs, network executives and even the president. The...more

Mintz - Employment Viewpoints

Fourth Circuit Holds Complaining Employee is not Protected From Termination if the Employer Terminates Her Because It Believed Her...

A recent Fourth Circuit ruling in a case handled by Mintz Levin provides some comfort to employers concerned about terminating an employee who they believe has made a false complaint of discrimination. In Villa v. CaveMezze...more

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