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Retaliation › Employment Policies › Wrongful Termination

Pietragallo Gordon Alfano Bosick & Raspanti,...

Is A Performance Improvement Plan Actionable?

Pietragallo Gordon Alfano Bosick & Raspanti,... on

Performance improvement plans or PIPs are an effective tool to document an employee’s work issues, establishing constructive goals over a set time frame. Ideally, the employee improves their performance and works with...more

ArentFox Schiff

Wawrzenski v. United Airlines, Inc.: Key Takeaways for Employers Navigating Workplace Policies

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Employers wanting to create a more equitable and legally compliant workplace while also reducing their risk of litigation may want to pay particular attention to the California Court of Appeal’s recent decision in Wawrzenski....more

Epstein Becker & Green

Court of Appeals for the Fourth Circuit Rules That “Unreasonable Opposition” Dooms Retaliation Claim

Epstein Becker & Green on

The Fourth Circuit recently reaffirmed that not all forms of opposition constitute protected activity. In Bills v. WVNH EMP, LLC, the Fourth Circuit unanimously affirmed the Southern District of West Virginia’s Order...more

Bodman

Michigan Supreme Court Expands Retaliation Liability Under Michigan’s Civil Rights Act

Bodman on

The Michigan Supreme Court’s recent ruling in the case of Miller v. Department of Corrections expands the scope of retaliation claims under the Elliott-Larsen Civil Rights Act (ELCRA). This decision could have important...more

Seyfarth Shaw LLP

Eleventh Circuit Holds FMLA Retaliation Requires “But-for” Showing

Seyfarth Shaw LLP on

Seyfarth Synopsis: The United States Court of Appeals for the Eleventh Circuit affirmed a district court’s decision that “but-for” is the proper causation standard for FMLA retaliation claims addressed within the...more

McAfee & Taft

Alcoholic employee must meet employer’s performance standards

McAfee & Taft on

A recent federal court decision notes that disabled employees or employees with substance abuse problems must nonetheless comply with an employer’s policies and meet reasonable performance standards. Stephen Drizos, a...more

Parker Poe Adams & Bernstein LLP

Employee's PTSD Diagnosis May Excuse Violation of Disciplinary Policies

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The Americans with Disabilities Act does not require employers to ignore or excuse serious violations of their rules of conduct. For example, an employee who brings a weapon to work in violation of the employer’s policy...more

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

Fourth Circuit Reinstates Employee’s Claim That Social Media App Messages Provided Sufficient Notice of a Medical Absence

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

On August 15, 2022, the U.S. Court of Appeals for the Fourth Circuit held in Roberts v. Gestamp West Virginia, LLC, that an employer’s “usual and customary” notice procedures relating to absences extended beyond the company’s...more

Bodman

Employers Beware! Michigan Supreme Court Clarifies and Expands Public-Policy Exception to At-Will Employment Presumption

Bodman on

On July 15, 2022, the Michigan Supreme Court clarified and, arguably, expanded the public-policy exception to the well-established at-will employment presumption in Michigan. Although the case may conclude differently after...more

Proskauer - Law and the Workplace

Massachusetts Creates Exception to At-Will Employment for Employees Exercising the “Right of Rebuttal”

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On December 17, 2021, the highest state court in Massachusetts held that an employer may not terminate an employee solely for exercising his right to file a rebuttal to be included in his personnel file....more

Tucker Arensberg, P.C.

Having a Discrimination and Harassment Policy is Not Enough to Avoid Potential Liability

Tucker Arensberg, P.C. on

I have urged all employers to have good and thorough policies against workplace discrimination or harassment. However, a recent case filed by the EEOC against a hotel chain shows that having such policies is not enough, it is...more

Parker Poe Adams & Bernstein LLP

First Circuit Upholds Employee's Right to Publicly Complain About Working Conditions

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Section 7 of the National Labor Relations Act protects the rights of employees to engage in “concerted activity,” regardless of whether they are members of a union. Concerted activity means two or more employees working...more

Seyfarth Shaw LLP

5th Circuit Says No, Employer Not Liable for Religious Discrimination, Retaliation, or First Amendment Violations in Employee...

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Seyfarth Synopsis: Vaccinations have been widely debated over the past few years, leaving employers unclear about their obligations to accommodate employees whose religious beliefs conflict with them. Recently the U.S. Court...more

Cozen O'Connor

#No Filter: Terminating an Employee for Social Media Posts – Part 2

Cozen O'Connor on

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

Foley & Lardner LLP

Be Careful When Firing an Employee Who Is Out On Workers’ Compensation

Foley & Lardner LLP on

Handling workers’ compensation claims can present a number of challenges, such as determining whether an injury is work-related and evaluating back-to-work accommodation requests. Another challenge arises when you consider...more

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