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Employer Liability Issues › Wrongful Termination › Employee Misconduct

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

BCLP

Private life and disciplinary dismissal

BCLP on

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

Littler

Ontario, Canada Court Finds With-Cause Dismissal of Long-term Fiduciary Employee Justified

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In Goruk v. Greater Barrie Chamber of Commerce, 2021 ONSC 5005, the Ontario Superior Court found that the Chamber of Commerce (COC) was justified in dismissing with cause a 75-year-old, long-term employee with no prior...more

Bennett Jones LLP

Labour Arbitrator Upholds Employee Termination After Surreptitious Interference with Employer's Virtual File Storage

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In a recent labour arbitration decision, TELUS v United Steelworkers, Telecommunications Workers Union National Local 1944 (Heywood), Arbitrator Jolliffe, Q.C., upheld the termination of a long-service, unionized employee for...more

Littler

Ontario, Canada Superior Court Determines Employee Misconduct Did Not Justify Dismissal for Cause Without Notice

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In Czerniawski v. Corma Inc., 2021 ONSC 1514, the Ontario Superior Court of Justice concluded that a long-term employee’s misconduct did not justify dismissal for cause without notice. The court awarded 19 months’ common law...more

Hogan Lovells

Employment News: wrongful dismissal, equal pay, workers

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Red faces – no gross misconduct when employee revealed executive's pay - The EAT had to consider whether an employee had acted in breach of contract or committed gross misconduct when he revealed details of an executive's...more

Littler

Seventh Circuit Affirms NLRB in Upholding Discharge of Fast and Furious Employee for Highway Misconduct

Littler on

In Local 702, International Brotherhood of Electrical Workers, AFL-CIO v. National Labor Relations Board and Consolidated Communications, the U.S. Court of Appeals for the Seventh Circuit recently upheld the termination of a...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

Littler

Wisconsin Supreme Court Holds That State Disability Discrimination Law Requires Proof of Intent to Establish Liability

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The Wisconsin Supreme Court recently overturned a longstanding line of cases that allowed disabled employees to prevail in discrimination cases without proving the employer intended to discriminate or was even aware that the...more

Fisher Phillips

A Step-By-Step Guide To Terminating Employees For Theft (Part One)

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There’s good news for retailers: you are getting better at preventing shrink from employees. In 2005, a University of Florida study found that employee theft accounted for 47 percent of shrink. In a follow-up study in 2016,...more

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

Wisconsin Court Holds Discharging Employee Because of Misconduct Caused by Disability Can Be Discrimination

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The Wisconsin Court of Appeals has affirmed a decision holding that a call center employee with bipolar disorder proved that he was discharged “because of” his disability by establishing he was discharged for misconduct—i.e.,...more

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