Searching Content indexed under Unfair/ Wrongful Dismissal by Foley & Lardner ordered by Published Date Descending.
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What The NLRB Can Teach You About Documenting Employee Misconduct
Innocent mistakes are an unfortunate reality in our fast-paced, technology-driven society.
United States
25 Jan 2019
One-Year Time Bar For IPR Filing Triggered Even When Served Complaint Is Voluntarily Dismissed
In August, the Federal Circuit addressed the 35 U.S.C. § 315(b) one-year time bar to IPR institution in Click-to-Call Technologies, LP v. Ingenio, Inc
United States
19 Nov 2018
Refusing To Hire Medical Marijuana User Puts Employer In Jeopardy
The following is a wake-up call to all employers, especially those in the health care industry, that have adopted "zero tolerance policies."
United States
28 Sep 2018
Termination Documentation
When terminating an employee, an employer should create documentation showing the reason for and circumstances relating to the termination.
United States
13 Aug 2018
When Firing A Sympathetic Employee – Circumstances Matter A Lot
The recent case of Carroll v. Comprehensive Women's Health illustrates the importance of circumstances and perception when terminating a "sympathetic" employee.
United States
23 Oct 2017
Neo-Nazi In Your Workplace? Tread Carefully Before Taking Action
We live in an unfortunate time in which white nationalists and neo-Nazis are receiving a great amount of publicity.
United States
31 Aug 2017
Being Untruthful About The Reason For A Termination Can Get An Employer In Hot Water
We have written in the past about how important it is for an employer to be accurate in articulating its reason for terminating an employee.
United States
14 Aug 2017
Be Careful When Firing An Employee Who Is Out On Workers Compensation
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.
United States
18 Jul 2017
Practical Tips For Maintaining Dignity During Termination Meetings: Everybody Wins
This past week, the nation was shocked with yet another senseless act of violence in the workplace. On Monday, a disgruntled former employee, walked into his former employer's job site and killed 5...
United States
23 Jun 2017
DHS To Issue New I-9 Form Following Recent Penalties
These bring significant changes for employers. DHS has also announced that it will soon issue a new version of the Form I-9. These actions bring significant changes for employers.
United States
24 Oct 2016
Fired For My Firearm? I'll Sue!
Employers can often feel caught between competing laws in this area.
United States
31 Aug 2016
When Is Aberrant Workplace Behavior Sufficient To Justify Termination?
Aberrant workplace behavior caused by stress or a psychological condition is not uncommon.
United States
21 Jul 2016
Expanding The Timer: Supreme Court Gives Employees More Time To File Claims
They say that timing is everything — or at least now it is for so-called "constructive discharge" claims.
United States
8 Jun 2016
Hostile Work Environments And Sexual Orientation: EEOC Files First Federal Suits
Normally in this space we write about court decisions that have already occurred and are likely to impact employers. This week, we focus on cases that have just been filed and could have far reaching implications.
United States
18 Mar 2016
"Cat's Paw" – Or Perhaps "Tiger's Paw" Theory Now
For those interested in the origin, the term "cat's paw" derives from a fable of a monkey who employs flattery to convince a cat to pull chestnuts out of a fire.
United States
30 Sep 2015
Unfortunately, Offensive Racial Comments Don't Always Get You Fired (At Least Under Labor Law)
Under the National Labor Relations Act, certain union activities are considered "protected."
United States
24 Jun 2015
"Smoking Gun" Comments Serve As An Important Reminder Of The ADA’s Protection Against Associational Discrimination
Most employers are well aware that the Americans with Disabilities Act (ADA) protects qualified individuals with disabilities against discrimination on the basis of disability...
United States
25 Mar 2015
Employee Handbook Mistakes Can Come Back To Bite Employers
Courts often conclude that absent appropriate disclaimer language and statements in employee handbooks are "promises" to employees, binding employers to abide by these promises in their dealings with employees.
United States
18 Feb 2015
Breaking Up Is Still So Hard To Do: DOL Clarifies H-1B Bona Fide Termination Rule
Employers must navigate through a maze of complex regulations when seeking H-1B temporary authorization to hire foreign nationals in specialty occupations.
United States
28 Jan 2015
Undocumented Workers Are Protected By Wisconsin's FMLA
Wisconsin’s court of appeals, in a published opinion written by Judge Reilly, recently decided that undocumented workers are protected by Wisconsin’s Family and Medical Leave Act.
United States
15 Jan 2015
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