News & Analysis as of

Hiring & Firing › Adverse Employment Action › Employees

Hiring & Firing refers to the process of recruiting, interviewing and offering employment and the process of evaluating performance and dismissing employees. Hiring & Firing is a highly regulated area and... more +
Hiring & Firing refers to the process of recruiting, interviewing and offering employment and the process of evaluating performance and dismissing employees. Hiring & Firing is a highly regulated area and can create tremendous liability for employers who fail to properly adhere to acceptable employment practices. Some of the potential pitfalls in this area stem from discriminatory hiring practices, improper performance evaluations, and retaliatory firings.  less -
Constangy, Brooks, Smith & Prophete, LLP

Can you take action against an employee for being a pain in the you-know-what?

Constangy, Brooks, Smith & Prophete, LLP on

At least one court says yes. True confession: When I was a little future lawyer, I was sometimes a pain. (So, Robin, you’re saying your personality hasn't changed in all these years?) When I was being especially “high...more

CDF Labor Law LLP

California Court of Appeals Upholds Adverse Employment Action Where Employee Unable to Perform Essential Job Functions

CDF Labor Law LLP on

This month, the California Court of Appeals affirmed the trial court’s grant of summary adjudication to the employer in a disability discrimination case alleging violations of the Fair Employment and Housing Act (FEHA). The...more

FordHarrison

EntertainHR: Helping Haverford – What Parks and Recreation Teaches Us About Employee Terminations

FordHarrison on

Parks and Recreation is a beloved mockumentary sitcom that focuses on the lives of several employees of the fictional Pawnee, Indiana’s Parks and Recreation Department. One of those characters is the sarcastic and...more

Littler

Ontario, Canada Appeal Court Confirms Employment Contract Frustrated by Employee’s Refusal to Comply With COVID-19 Vaccination...

Littler on

In Croke v. VuPoint System Ltd., 2024 ONCA 354, the Court of Appeal for Ontario (OCA) upheld the Superior Court of Justice – Ontario (SCJ)’s summary judgment decision that an employee’s refusal to comply with their employer’s...more

Ius Laboris

Dismissal for a single (serious) act

Ius Laboris on

Can an employer dismiss an employee for a single wrongful act? And if so, does this wrongful act make the employee liable for damages caused to the employer?...more

Ius Laboris

Workplace protections for reservists’ spouses in Israel

Ius Laboris on

In light of the ongoing war, a new amendment to Israeli law provides protection to the spouses of reservists. In accordance with the Veterans (Return to Work) Law, employers are already prohibited from dismissing...more

Ius Laboris

Canadian court upholds termination of unvaccinated worker

Ius Laboris on

The Ontario Court of Appeal recently held that an employee’s failure to meet COVID-19 vaccination requirements imposed by a third party amounted to frustration of the employment contract. As a result, there was no obligation...more

Ius Laboris

Employment protections extended to infertility treatment

Ius Laboris on

A recent legislative amendment in Belgium introduces protection against dismissal and a prohibition of discrimination when an employee is absent due to an infertility treatment or a programme of medically assisted...more

Carlton Fields

Michigan Supreme Court Declines Application for Leave to Appeal Lower Court’s Vacation of Arbitration Award

Carlton Fields on

In Michigan AFSCME Council 25 v. County of Wayne, the Supreme Court of Michigan declined an application filed by Michigan AFSCME Council 25 and Affiliated Local 101 for leave to appeal a judgment of the circuit court and...more

Seyfarth Shaw LLP

White Employee Fired Amidst Corporate Diversity Initiative Wins Discrimination Claim But Loses Multi-Million Dollar Punitive...

Seyfarth Shaw LLP on

Plaintiff, a white man, was a strong performer in his role before he was fired and replaced by three women, two of whom were racial minorities, amid a Diversity and Inclusion initiative that included a call to restructure the...more

Littler

British Columbia Human Rights Tribunal Finds Employer Discriminated Against Transgender Employee Based on Their Gender Identity...

Littler on

In Nelson v. Goodberry Restaurant Group Ltd. dba Buono Osteria and others, 2021 BCHRT 137, the British Columbia Human Rights Tribunal found that a restaurant and its managers that refused to use a server’s pronouns, among...more

Littler

Connecticut Employers Can Terminate Employees Impaired by Medical Marijuana While Working; Appellate Court Also Provides Guidance...

Littler on

In a significant decision about workplace drug use, the Connecticut Appellate Court backed an employer’s right to terminate a worker who was impaired on the job by medical marijuana. The decision also clarified the factual...more

Epstein Becker & Green

Eleventh Circuit Ruling on Causation Standard a Win for Employers

Epstein Becker & Green on

The U.S. Court of Appeals for the Eleventh Circuit recently weighed in on the circuit-splitting debate over the proper causation standard for Family and Medical Leave Act (“FMLA”) retaliation claims. In a win for employers,...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

Littler

British Columbia Appeal Court Finds Employee’s Sexual Harassment of Subordinate not Sufficiently Serious to Justify His Dismissal

Littler on

In Café La Foret Ltd. v. Cho, 2023 BCCA 354, the British Columbia Court of Appeal (BCCA) upheld a lower court’s determination that an employee’s sexual harassment of his subordinate was not sufficiently serious to justify his...more

Ius Laboris

Geolocation: employees must be informed

Ius Laboris on

France’s highest court has intervened in a case involving an employee dismissed based on the geolocation information of his work vehicle. ...more

Lowndes

Weathering an Employer's Duties During the Storm - August 2023

Lowndes on

Florida’s tax-free holiday for “disaster preparedness” started just days ago, and residents are quickly taking advantage of the opportunity to shop for supplies in advance of Hurricane Idalia. Employers should also be...more

FordHarrison

Fifth Circuit Overrules Long-Standing Precedent to Align Itself with Other Courts Addressing Title VII Claims

FordHarrison on

Executive Summary:  The United States Court of Appeals for the Fifth Circuit (which covers Texas, Louisiana and Mississippi) recently held that Title VII plaintiffs can show they were subjected to an adverse employment action...more

Seyfarth Shaw LLP

California Employers Using Criminal History Face New Compliance Obligations

Seyfarth Shaw LLP on

For many years, California employers have been subject to the state’s Fair Chance Act, which (in a nutshell) requires employers to...more

CDF Labor Law LLP

Concerns About Corporate DEI Are Real in the Post Harvard/UNC World

CDF Labor Law LLP on

In 2021, in Duvall v. Novant Health, a North Carolina jury awarded a former white Novant Health executive over $3 million dollars in actual damages based on race discrimination allegations centering around assertions that...more

FordHarrison

EntertainHR: Michigan’s Miscue—Is Your Company Ready for a Social Media Scandal?

FordHarrison on

Only a few days after being hired by the University of Michigan’s football program as the assistant director of football recruiting, Glenn Schembechler (son of longtime Michigan head coach Bo Schembechler) resigned after his...more

Littler

EEOC Issues Guidance on Use of Artificial Intelligence Tools in Employment Selection Procedures Under Title VII

Littler on

On May 18, 2023, the U.S. Equal Employment Opportunity Commission (EEOC or “the Commission”), the federal agency charged with administering federal civil rights laws (including Title VII of the Civil Rights Act, the Americans...more

Dinsmore & Shohl LLP

CFPB Releases New Required Form for Use in Employee Background Check Process

Dinsmore & Shohl LLP on

The Consumer Financial Protection Bureau has released an updated version of the "Summary of Your Rights Under the Fair Credit Reporting Act" notice that all employers must provide to employees before taking any adverse action...more

Littler

Second Circuit Rejects Claim of Employee Fired for Refusing to Attend Training Session on LGBTQ Bias

Littler on

The U.S. Court of Appeals for the Second Circuit has rejected an employee’s claim that he was unlawfully discriminated against based on religion after he refused to attend mandatory LGBTQ anti-discrimination trainings. In...more

Stinson LLP

Minnesota Supreme Court Does Away with Crucial Notification Requirement for Constructive Discharge

Stinson LLP on

Until recently, an employee generally could not establish a constructive discharge claim (that they had been forced to resign due to intolerable conditions) without first demonstrating that they informed their employer about...more

29 Results
 / 
View per page
Page: of 2
Next »

"My best business intelligence, in one easy email…"

Your first step to building a free, personalized, morning email brief covering pertinent authors and topics on JD Supra:
Sign up Log in
*By using the service, you signify your acceptance of JD Supra's Privacy Policy.
- hide
- hide