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Hiring & Firing › Employment Litigation › Employment Policies

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 -
Stikeman Elliott LLP

Needle-less Dispute? BC Court Finds That Unpaid Leave Due to Non-Compliance Did Not Amount to Constructive Dismissal

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The COVID-19 litigation lag continues to play out in Canadian courts; and employers are starting to get some clarity on some of the key workplace issues that arose during the pandemic. In Clark v. City of Prince George,...more

Dickinson Wright

$27M Verdict Warns Employers: Vet and Train Employees or Pay the Price

Dickinson Wright on

A recent $27 million jury verdict should put every employer, especially those in the hospitality, retail, and entertainment industries, on high alert: failing to properly screen and train employees can result in significant...more

Offit Kurman

Non-Disparagement Tips for Employers

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Attorneys Sarah Sawyer and Russell Berger from Offit Kurman discuss the nuances of non-disparagement clauses in separation agreements. They explain the difference between disparagement and defamation and emphasize the...more

Kaufman & Canoles

[Event] Employment Law Symposium - August 28th, Richmond, VA

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Navigate the ever-changing employment law circus at our Richmond Employment Law Symposium. As legal rules continue to shift like contortionists, employers need practical strategies to stay compliant. The K&C Employment Law...more

Bradley Arant Boult Cummings LLP

Managers Who Use ChatGPT to Promote Employees – What Could Go Wrong?

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While artificial intelligence (AI) can be a powerful tool in a manager’s arsenal when it comes to efficiently making decisions, it is essential to use it ethically and fairly. Companies are no longer relying on AI solely to...more

Husch Blackwell LLP

Weak Demand Leads to Layoffs Among California Wineries: Navigating the Legal Risks of Cost-Cutting

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Recent studies indicate a steady decline in alcohol consumption in the United States over the past several years, following a global trend that has seen decreases in alcohol consumption from Ireland to India. Several factors...more

Davis Wright Tremaine LLP

California Employers Using Arbitration Agreements Want To Take Note of New Guidance From a Recent California Appellate Case

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California employers often require their new hires and current employees to sign arbitration agreements ("agreements") as a condition of employment or continued employment. To be enforceable, these agreements require that the...more

Fisher Phillips

Workplace Law Update: 10 Essential Items on Your July To-Do List

Fisher Phillips on

It’s hard to keep up with all the recent changes to labor and employment law, especially since the law always seems to evolve at a rapid pace. To ensure you stay on top of the latest changes and have an action plan for...more

Woods Rogers

Hiring Smarter: Best Practices for Interviews: What's the Tea in L&E?

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In this episode of What’s the Tea in L&E, Labor & Employment attorney Mike Gardner joins host Leah Stiegler for a deep dive into best practices for conducting interviews. They highlight the critical role of documentation in...more

Stevens & Lee

Supreme Court Rules: No Extra Hurdles for Reverse Discrimination Cases

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On June 5, 2025, the U.S. Supreme Court issued a unanimous decision in Ames v. Ohio Department of Youth Services that reverse discrimination claims are no longer subject to different rules. This decision alters the landscape...more

Offit Kurman

Handling References and Referrals While Safeguarding Your Business

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In this episode of OK at Work, attorneys Sarah Sawyer and Russell Berger discuss important considerations for employers regarding employee references and referrals. Businesses need a centralized response system and a...more

Constangy, Brooks, Smith & Prophete, LLP

AI job interviews: What we have to "look forward" to

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Don't quit your current job! Bloomberg Law had a good article yesterday by Jo Constantz about AI-conducted job interviews. (Paid subscription may be required to access.) According to the article, many companies are now...more

Littler

Massachusetts Employers: Include Lie Detector Notice in Your Job Applications

Littler on

Massachusetts law, G.L. c. 149, § 19B, has long banned the use of lie detector tests in employment, and since 1986, also states that employers should provide affirmative notice on all job applications regarding the use of lie...more

Ice Miller

Common Employment Law Mistakes and Oversights You Need to Know About: Read This List to Help Avoid Litigation and Liability!

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Ignorantia legis neminem excusat. That is, “ignorance of the law is no excuse.” Under this principle, those to whom the law applies are presumed to know the law and will be held accountable for violating it....more

Parker Poe Adams & Bernstein LLP

ADA Does Not Excuse Disruptive Employee Behavior but May Require Accommodations to Help Avoid Outbursts

Parker Poe Adams & Bernstein LLP on

Recently, we have seen an unusual spike in client situations involving legal claims associated with discipline or discharge of employees who engage in threatening or disruptive behavior in the workplace....more

Keating Muething & Klekamp PLL

PIP This: The Expansion of Actionable Adverse Employment Decisions in the Wake of Muldrow v. City of St. Louis

Keating Muething & Klekamp PLL on

Over the course of the last year, employers have faced increased claims from employees testing what constitutes an actionable adverse action under the anti-discrimination provision of Title VII of the Civil Rights Act of 1964...more

Fisher Phillips

Workplace Law Update: 10 Essential Items on Your May To-Do List

Fisher Phillips on

It’s hard to keep up with all the recent changes to labor and employment law, especially given the rapid pace at which the new administration has been moving on initiatives impacting the workplace and beyond. For the latest...more

Tonkon Torp LLP

Employers: How to Navigate Four Common Conflicts to Minimize Litigation Risks

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After more than three decades providing employers legal counsel and litigation representation, I’ve seen (and helped prevent) a great deal of conflict at the workplace. What’s important for every employer to keep in mind is...more

Sheppard Mullin Richter & Hampton LLP

D.C. Circuit Reinstates Injunction Blocking CFPB’s Mass Layoffs 

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On April 28, the U.S. Court of Appeals for the D.C. Circuit reinstated a district court order blocking the CFPB from conducting a large-scale reduction in force. The decision reversed an earlier partial stay that had...more

Pietragallo Gordon Alfano Bosick & Raspanti,...

Losing My Religion? 8th Circuit Finds that Freedom of Religion is Not a Justification for Employee Conduct

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The past few decades have seen a Supreme Court receptive to claims brought on the basis of freedom of religion. For example, in Burwell v. Hobby Lobby Stores, Inc. (June 2014), the Supreme Court ruled that the Affordable Care...more

Fisher Phillips

New Executive Order Takes On Disparate Impact Discrimination: 7 Major Takeaways for Employers

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In another major shift for workplaces, President Trump issued an executive order Wednesday with huge implications for employment discrimination claims. For decades, employers could face liability for policies and practices...more

Kaufman & Canoles

[Event] 41st Annual Employment Law Update - May 15th, Hampton, VA

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Managing risk in the employment law circus isn’t always easy when the rules change like they are contortionists. The 41st Annual Employment Law Update will highlight recent changes to the law and how employers can most...more

Jackson Lewis P.C.

Potential Unlawful Conduct + Employment Decisions: Wisconsin Court Redefines Arrest Record Discrimination

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The Wisconsin Supreme Court has clarified that non-criminal, municipal citations are covered by the prohibition on arrest record discrimination under the Wisconsin Fair Employment Act (WFEA). The court also narrowed the...more

Akin Gump Strauss Hauer & Feld LLP

Implementing The President’s “Department of Government Efficiency” Workforce Optimization Initiative (Trump EO Tracker)

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The Director of the OMB Director shall submit a plan to reduce the size of the Federal Government, requiring that agencies may hire no more than one employee for every four employees that depart. Agency heads must adhere to...more

Orrick, Herrington & Sutcliffe LLP

U.S. Supreme Court stops district court’s order to reinstate workers

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On April 8, the U.S. Supreme Court stayed a preliminary injunction issued by the U.S. District Court for the Northern District of California on reinstating federal workers. The case arose from a lawsuit in which the...more

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