Performance Reviews: Lessons from Severance â Hiring to Firing Podcast
Compliance Tip of the Day: Terminating Third Parties
Exit Strategies for Healthcare Employment Agreements
Successful Strategies for Employee Transitions
California Employment News: Considerations for Employment Termination (Podcast)
California Employment News: Considerations for Employment Termination
Work This Way: A Labor & Employment Law Podcast | Episode 9: Best Practices for Employers with John Saxon, Plaintiffâs Labor & Employment Attorney
#WorkforceWednesday: Termination Meetings on the Record - Employment Law This WeekÂŽ
What's the Tea in L&E? Professional Breakup Advice: Convey Your Reason for Separation (or Termination)
Patient Steering and Charting
Employers: Benefits Considerations Post-Pandemic [More with McGlinchey Ep. 3]
I-21 â Sexual Harassment (Still), Political Tweeting, and Intersectional Discrimination
Episode 24: EEOC Commissioner Chai Feldblum Part I: Employers' "Superstar Harassment" Problem
I-17 â Engaging Your Employees in Todayâs Workplace, Featuring Rick Turner at Whirlpool Corporation
I-16 â Kneeling, Indefinite Leave, DC Updates, Non-Compete Consideration, and Pretty as a Protected Class
K&L Gates Triage: Avoiding the Risks Associated with Mandatory Vaccination Programs
I-13 â Policies, Policies, Policies, and Microchips Embedded in Employees
Day 22 of One Month to Better Compliance Through HR-10 Questions to Better Operationalize Compliance
Day 15 of One Month to Better Compliance Through HR-Employment Separation Issues
Episode 11: Legal and Business Issues Stemming From Employees' Out-of-Work Conduct
Employers sometimes believe that eliminating a job position instead of terminating an employee for poor performance gives them a "get out of jail free" card for purposes of avoiding legal claims associated with the decision....more
Fourth Circuit Stays Injunction Barring Enforcement of DEI Executive Orders On March 14, 2025, the Fourth Circuit issued an order in National Association of Diversity Officers in Higher Education v. Donald Trump, No. 25-1189...more
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
The U.S. Fifth Circuit Courtâs recent decision in Zaragoza v. Union Pacific Railroad (âZaragozaâ) has highlighted key issues in class action lawsuits and the application of tolling principles. The plaintiffâs previous...more
On July 1, 2024, in Huber v. Westar Foods, Inc., in a 2â1 decision, the Eighth Circuit Court of Appeals departed from the âhonest beliefâ defense recognized by the First, Second, Fourth, Fifth, and Seventh Circuits (and U.S....more
Our May update includes a case on whistleblowing where the claimantâs belief in the disclosures was questioned along with whether decision makers who knew little or nothing about the disclosures could be blamed for those who...more
Our April update includes a case on AI facial recognition software that allegedly discriminated against black people, a case where an individual carrying out a dismissal did not have enough knowledge of protected disclosures...more
On March 19, 2024, the Connecticut Appellate Court upheld an employerâs right to discharge an employee for being impaired on the job from medical marijuana under a state law that provides employment protections for qualified...more
On February 14, 2024, a judge of the U.S. District Court for the District of Vermont dismissed a plaintiffâs Americans with Disabilities Act (ADA) discrimination and failure-to-accommodate case, holding that his medical...more
When advising employers about the legal risks associated with a business reorganization, we generally advise that discrimination claims are less likely when a company closes an entire facility or department as compared to...more
SkyWest Airlines, Inc., was justified in discharging a deaf ramp agent because his inability to hear or effectively communicate posed a âdirect threatâ to the safety of himself and others, the U.S. District Court for the...more
ATM Service Provider Resolves Federal Lawsuit Charging That It Failed to Accommodate And Fired Employee Because of Disability - HOUSTON â Cash Depot, LTD, a privately owned, independent ATM service provider headquartered...more
Our June update includes cases on whether an employer notified of an employeeâs pregnancy just before termination is liable for a pregnancy dismissal, whether an employerâs future discovery of a disability makes it...more
On March 29, 2023, the New Jersey Appellate Division affirmed an employerâs win after a former employee claimed he was fired on the basis of his age and disability. In Estate of Zoto v. Cellco Partnership d/b/a Verizon...more
Employers sometimes face difficult decisions after learning of an employeeâs disability. What if you learn of a disability after ongoing repeated employment deficiencies or even after a disciplinary or discharge decision...more
Seyfarth Synopsis: In a recent ruling, Brooks v. Avancez, (Decided July 6, 2022) the U.S. Court of Appeals for the Seventh Circuit affirmed a finding for summary judgment for an employer after it was found to have terminated...more
There is a lot to unpack in the Lehenky v. Toshiba America Energy Systems Corporation, Case No. 20-4573 (E.D. PA, February 22, 2022) case as it answers two very interesting questions. First, does CBD register on a drug screen...more
Summary Shortly after requesting an accommodation for his disability, an employee was terminated for violating company policy. But because the policy at issue was vague, ever-evolving, and inconsistently enforced, the Utah...more
In Buckmaster v. The National Railroad Passenger Corp. d/b/a Amtrak, the U.S. District Court for the District of Maryland addressed whether an employee had offered any evidence of discrimination or retaliation beyond his own...more
The U.S. District Court for the Western District of Texas recently denied an employerâs motion for summary judgment when its alleged shifting reasons for terminating the plaintiffâs employment contract raised genuine issues...more
On September 15, the United States Court of Appeals for the First Circuit issued a startling and âominous opinion construing the Americans with Disabilities Act (ADA) in a manner which âemployers should take heed. In a...more
The Tenth Circuit recently held that a disabled employee was not required to show that she suffered a separate adverse employment action to establish a failure to accommodate claim under the Americanâs with Disabilities Act...more
The rise in opioid use and addiction in the United States has raised complicated issues for employers. On August 5, 2020, the U.S. Equal Employment Opportunity Commission (EEOC) addressed some of these issues by issuing...more
As workplaces begin reopening in the coming weeks, attorneys are predicting a rash of lawsuits by employees against their employers related to the COVID-19 pandemic. It seems clear that workers-compensation preemption may...more
When an employee requests an accommodation or asserts a claim under the Americans with Disabilities Act, an employerâs second questionâright after âAre we even covered by the ADA?ââwill likely be: âDid/does the employee have...more