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Employment Policies › Protected Activity › Adverse Employment Action

Littler

Can an Employee Claim Retaliation for Whistleblowing When They Were Simply Doing Their Job?

Littler on

Assume the following, you ask your company’s in-house counsel to handle a highly sensitive matter involving bribery of foreign officials. The employee is given access to confidential attorney-client privileged information...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

BakerHostetler

Sticks and Stones Break Bones, and the NLRB Protects the Words That Hurt: The NLRB’s Latest Decision Expands Protections for...

BakerHostetler on

In the latest swing away from recent precedent, the National Labor Relations Board (NLRB or Board) issued its ruling in Lion Elastomers LLC II, which overturns the 2020 General Motors LLC decision. These decisions address an...more

CDF Labor Law LLP

Investigating Employee Misconduct In The Age of “Cancel Culture”

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What is “cancel culture”? During the last few years, there has been a groundswell of cultural movements seeking to rectify transgressions against traditionally marginalized groups, including women, Black people, members of...more

Constangy, Brooks, Smith & Prophete, LLP

Social Media + Employees = Hot Mess

Constangy, Brooks, Smith & Prophete, LLP on

Can you discipline or fire an employee because of his or her social media posts? Do employees have a constitutional right to say whatever they want online or at a protest? What blowback might companies face due to negative...more

Bradley Arant Boult Cummings LLP

My Safety Complaint Was Unsafe for My Continued Employment

Bradley Arant Boult Cummings LLP on

OSHA Safety Retaliation – What Is It? Virtually every employee protection law, federal or state, has some sort of anti-retaliation provision. The federal Occupational Safety and Health Act is no exception. The Occupational...more

Seyfarth Shaw LLP

Maryland State Government Employee’s Job Duties Reinstated after Demotion Following Facebook Post

Seyfarth Shaw LLP on

Seyfarth Synopsis: Employees’ use of their personal social media accounts in ways that could impact an employer’s business present challenges to employers....more

Bradley Arant Boult Cummings LLP

No Union Protection for Employees “Sick” Over No Paid Absences

Bradley Arant Boult Cummings LLP on

Can employees protest a company sick leave policy with an internet meme that suggests the company’s food is not safe? Not according to a recent Eighth Circuit decision. MikLin (doing business as Jimmy John’s in Minnesota)...more

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