News & Analysis as of August 3, 2025

Hiring & Firing › Termination › Employment Policies

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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 -

Employment Law Update: Federal Judge Rules Attorney Was Fired for Legitimate Workplace Behavior Concerns, not Due to Alleged...

Whiteford on 7/25/2025

A recent decision from the U.S. District Court for the Western District of Washington highlights the importance of clear, documented reasons for employee terminations. In Kang v. The Boeing Company, a case involving a former...more

Key Takeaways - Terminating the Problem Employee

Amundsen Davis LLC on 7/23/2025

In our recent webcast, “Terminating the Problem Employee," the Labor & Employment team shared key considerations for employers looking to terminate a “problem employee” while avoiding controversy and litigation. Below are our...more

Good Intentions, Lawful Termination: Sixth Circuit Backs Employer Discipline

Kohrman Jackson & Krantz LLP on 7/22/2025

In a recent decision that reinforces the importance of consistent policy enforcement, the Sixth Circuit upheld the dismissal of an age discrimination lawsuit filed by a nurse terminated from the Cincinnati VA Medical Center...more

Employee Terminations: Honesty is the Best Policy

Ice Miller on 7/21/2025

Terminating an employee can be one of the most consequential decisions an employer can make. The best way to mitigate risk? Honesty....more

Performance Reviews: Lessons from Severance — Hiring to Firing Podcast

Troutman Pepper Locke on 6/17/2025

In this episode of Hiring to Firing, hosts Tracey Diamond and Emily Schifter dive into the challenges of managing employee performance, taking lessons from Mr. Milchick’s infamous performance review in the latest season of...more

Washington State Enacts New Legislation to Define Employee Access to Their Personnel Records and Termination Information

Littler on 5/23/2025

As many Washington employers are acutely aware, there exists sparse statutory guidance on how employers must respond to personnel file requests by their employees – and no statutory definition of what constitutes a “personnel...more

Adapter la gestion de l’emploi en contexte d’imprévisibilité économique

Blake, Cassels & Graydon LLP on 5/16/2025

Dans un contexte économique imprévisible, les employeurs sont appelés à prendre des décisions complexes en matière de gestion des ressources humaines et à faire preuve d’agilité. Qu’il s’agisse d’une mise à pied, d’un...more

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

Jackson Lewis P.C. on 4/15/2025

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

Unjustified absence and termination of employment, news from the Ministry of Labour

Hogan Lovells on 3/31/2025

The Ministry of Labour and Social Policies provides the first operational indications regarding the changes introduced by Law no. 203 of 13 December 2024 (so-called “Collegato lavoro”). In particular, the Ministry has...more

UK Parliament Proposes Increased Penalties for Failure to Consult in a Collective Redundancy

Ogletree, Deakins, Nash, Smoak & Stewart,... on 3/26/2025

The Employment Rights Bill has undergone significant amendments in March 2025 as it progresses through Parliament. Included in the amended bill are changes addressing redundancy and the controversial practice of “fire and...more

CFPB, FDIC and OCC respond to court ruling by reinstating probationary employees

Orrick, Herrington & Sutcliffe LLP on 3/19/2025

On March 17, the CFPB, the FDIC, the OCC and other government agencies reportedly reinstated probationary employees that had been terminated as part of the Trump administration’s efforts to reduce the federal workforce....more

Should You Use a Performance Improvement Plan?

Dickinson Wright on 3/17/2025

A Performance Improvement Plan (“PIP”) is a long-standing HR tool for managing underperforming employees. Employers often use a PIP to document deficiencies and outline specific goals the underperforming employee must reach...more

Layoffs in Germany & Poland: Differences & Similarities

Littler on 3/13/2025

As layoff procedures in Poland and Germany are anchored in the same EU Directive, their national regulations are similar in direction, but they still have their own flavor and local specificity. Germany and Poland share...more

Key Employment Law Considerations for Canadian Businesses Impacted by Tariffs

Mintz - Employment Viewpoints on 3/12/2025

As of this writing, the Trump administration has implemented a 25% tariff on most Canadian goods imported into the United States. Canadian governments at all levels are preparing relief programs for local businesses, but...more

New York Proposal to Protect Workers Displaced by Artificial Intelligence

K&L Gates LLP on 2/26/2025

On 14 January 2025, during her State of the State Address (the Address), New York Governor Kathy Hochul announced a new proposal aimed at supporting workers displaced by artificial intelligence (AI). This proposal would...more

Cross-Border Legal Perspectives: Comparing the UK’s and Germany’s Approaches to Unfair Dismissal

Littler on 2/25/2025

Welcome back to our “cross-border perspectives” series, where we compare employment law and practice from an international perspective, drawing on the experience of local and international employment lawyers who deal with...more

IRS Terminates Over 6,000 Employees

Freeman Law on 2/21/2025

Following his January 20th inauguration, President Donald Trump has made a concerted effort to downsize the executive branch of the federal government. Today, in a move that many have anticipated for weeks, President Trump’s...more

CFPB reportedly terminates 70 employees, including enforcement attorneys

Orrick, Herrington & Sutcliffe LLP on 2/14/2025

On February 11, the CFPB reportedly terminated about 70 probationary employees, including several enforcement division attorneys, informing the employees that their skills did not align with the CFPB’s current needs. The...more

Quick Q&A on Remote Work Policies

Holland & Hart - Employers' Lawyers on 2/11/2025

Can remote polices from the pandemic be used against a company trying to bring employees back into the office? In certain circumstances, yes. Recently, courts have allowed juries to decide if onsite work is essential when the...more

Successful Strategies for Employee Transitions

Offit Kurman on 2/4/2025

In this week's episode of OK at Work, attorneys Sarah Sawyer and Russell Berger from Offit Kurman discuss essential strategies for managing employee transitions. As the new year prompts organizational changes, they offer...more

Voluntary Buyouts:The Pros and Cons

McNees Wallace & Nurick LLC on 1/30/2025

Yesterday, the Trump Administration announced that it offered voluntary buyouts to over two million federal employees. Employees who voluntarily resign their position will receive payments equal to approximately eight months...more

Mastering Middle Eastern Markets: 8 Essential Tips for Global Employers

Ogletree, Deakins, Nash, Smoak & Stewart,... on 1/24/2025

Setting up operations in the Middle East comes with a unique set of challenges and considerations requiring knowledge of regional legal obligations and cultural practices that can affect workplaces—from the necessity of...more

7 strikes, and this employer is OUT!

Constangy, Brooks, Smith & Prophete, LLP on 1/22/2025

Employer going to trial in age discrimination case. We had a blizzard last Friday (in North Carolina, 2 inches is a blizzard), and we still have ice and snow on the ground a week later. Anyway, I've had enough of winter now...more

“Get Laid Off with Me” on TikTok: What Employers Must Know About This New Trend

Miles Mediation & Arbitration on 11/26/2024

TikTok is unquestionably a modern phenomenon that features dancing, pranks, challenges, and unites the world with cat and dog videos. In the employment arena, it has also introduced the world to the ideas of “Quiet Quitting,”...more

Lactation Accommodation Results in Misconduct Firing, Tenth Circuit Affirms

Clark Hill PLC on 8/12/2024

Here’s an interesting case that at first blush appears to be an accommodations case, but on a deeper dive is a workplace misconduct case. In Spagnolia v. Charter Communications LLC, The Tenth Circuit Appeals affirmed the...more

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