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Workplace Investigations Appeals

Littler

Canada: Off-Duty Sexual Harassment May Still Trigger a Duty to Investigate

Littler on

In a significant decision for employers, the Ontario Court of Appeal in Metrolinx v. Amalgamated Transit Union, Local 1587, upheld the Divisional Court’s ruling that quashed an arbitrator’s decision reinstating five employees...more

CDF Labor Law LLP

Intersection Between Defamation and Wrongful Termination Claims - California Court of Appeal Provides Clarification

CDF Labor Law LLP on

Employees who sue their former employer for wrongful termination following a workplace investigation may feel compelled to bring a claim for defamation, based on their belief that the allegations and/or investigation findings...more

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

Recent Texas Court Decision Highlights the Risks of Defamation in Internal Misconduct Investigations

Employers understand they have an obligation to investigate complaints of workplace misconduct. However, communications made during internal investigations are not totally without risk....more

Fisher Phillips

Web Exclusive: The Top 14 Workplace Law Stories Of December 2019

Fisher Phillips on

It’s hard to keep up with all the recent changes to labor and employment law. While the law always seems to evolve at a rapid pace, there have been an unprecedented number of changes for the past few years—and this past month...more

Spilman Thomas & Battle, PLLC

SuperVision - Labor and Employment Law Insights: Issue 4, 2019

Welcome to the fourth quarter edition of SuperVision, the e-newsletter from Spilman Thomas & Battle's Labor & Employment Law Group. Just as we were going to press, the National Labor Relations Board ("NLRB") issued two...more

Parker Poe Adams & Bernstein LLP

North Carolina Appellate Decisions Reach Different Conclusions With Regard to Disqualification for Unemployment Benefits Due to...

Under N.C. Gen. Stat. § 96-14.6, individuals are disqualified from receiving unemployment benefits if they are discharged due to misconduct associated with the work. On September 3, the North Carolina Court of Appeals issued...more

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

Workplace Safety in California, Episode 2: All About Cal/OSHA Citations

In this episode of the Workplace Safety in California series, Kevin Bland and Karen Tynan discuss the critical steps for employers to consider after Cal/OSHA issues a citation. Topics include strategies for responding to and...more

Fisher Phillips

October 2018: The Top 14 Labor And Employment Law Stories

Fisher Phillips on

It’s hard to keep up with all the recent changes to labor and employment law. While the law always seems to evolve at a rapid pace, there have been an unprecedented number of changes for the past few years—and this past month...more

Butler Snow LLP

Hospital Not Liable For Retaliatory Discharge

Butler Snow LLP on

A recent decision by the Court of Appeals of Tennessee, in which the employer prevailed in a retaliatory discharge claim, demonstrates the importance of (1) maintaining confidentiality of workplace investigations and (2)...more

Ballard Spahr LLP

Second Circuit Permits Longer Look-Back Period for Repeat OSHA Violations

Ballard Spahr LLP on

The Second Circuit offered no valentines to employers on Wednesday when it affirmed a citation issued to Triumph Construction Corporation by the Occupational Safety and Health Administration (OSHA) for a repeat violation of...more

Proskauer - Law and the Workplace

Seventh Circuit: EEOC May Continue Investigation After Dismissal of Private Lawsuit

The Seventh Circuit recently concluded that the EEOC’s investigative powers do not end when a lawsuit related to the originating charge ends. EEOC v. Union Pacific, No. 15-cv-3452 (Aug. 15, 2017)....more

Proskauer - Labor Relations Update

Circuit Court Rejects Attack On NLRB’s New Witness Rule

During the last several years, the NLRB has overturned a great deal of existing precedent. Among other changes, the Board has required bargaining over discipline in newly organized units, found graduate students to be...more

Fisher Phillips

Disclosure Danger: Employers Still Stuck With NLRB’s Witness Statement Disclosure Standard

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The U.S. Court of Appeals for the District of Columbia rejected the chance yesterday to revive long-held precedent which for many years had protected employer witness statements from disclosure to unions before an arbitration...more

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