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  • Article

    Employee Claims Discrimination After Netflix Termination Based On Vaccination Status

    A former Netflix production executive has filed suit against the media company, claiming that her termination was retaliation for complaining about religious...
    United StatesEmployment and HR
    Hall Benefits Law
    Hall Benefits Law
  • Article

    Employer Can Be Liable For Negligently Terminating An Employee Based On Co-Worker’s Discriminatory Conduct

    The First Circuit held in Velazquez-Perez v. Developers Diversified Realty Corp. that an employer may be liable under Title VII for negligently terminating an employee.
    United StatesEmployment and HR
    Foley Hoag LLP
    Foley Hoag LLP
  • Article

    Employment Bulletin - October 19, 2009

    Recently, in affirming a decision by the Massachusetts Commission Against Discrimination ("MCAD"), the Massachusetts Appeals Court held that a racial epithet can constitute discrimination in terms and conditions of employment.
    United StatesEmployment and HR
    Foley Hoag LLP
    Foley Hoag LLP
  • Article

    Fifth Circuit Affirms Order Compelling Arbitration Against Non-Signatories Based On "Intertwined Claims" Estoppel

    A physician sued several healthcare entities for wrongful termination of employment, negligence, breach of contract, and tortious interference with at-will employment.
    United StatesEmployment and HR
    Carlton Fields
    Carlton Fields
  • Article

    Fired For My Firearm? I'll Sue!

    Employers can often feel caught between competing laws in this area.
    United StatesEmployment and HR
    Foley & Lardner LLP
    Foley & Lardner LLP
  • Video

    Jeffrey Toobin Fired For "DIY" Incident (Video)

    Author and legal/political commentator Jeffrey Toobin was fired this week by The New Yorker after he horrified everybody on a Zoom conference in October by being very inappropriate.
    United StatesEmployment and HR
    Constangy, Brooks, Smith & Prophete, LLP
    Constangy, Brooks, Smith & Prophete, LLP
  • Article

    Legislation Limits AI Use In California Workplace Decisions

    California lawmakers have advanced legislation that would prohibit employers from using automated systems as the sole basis for terminating or disciplining workers. The bill, which awaits the governor's signature, represents one of the most comprehensive state-level attempts to regulate AI in workforce management, requiring human oversight of algorithmic decisions and mandating transparency about which digital tools influence employment outcomes.
    United StatesEmployment and HR
    Barnes & Thornburg LLP
    Barnes & Thornburg LLP
  • Article

    "Majority Group" Employees Likely To Bring More "Reverse Discrimination" Claims In Wake Of Recent Supreme Court Ruling

    Yesterday, this nation's highest court unanimously ruled that "majority group" plaintiffs – like white employees, heterosexual employees, and male employees...
    United StatesEmployment and HR
    Liskow
    Liskow
  • Article

    Manager's Bias, Public Policy, And Defamation Claims - Due To Termination Following Investigation - Thrown Out Before Trial

    In McGrory v. Applied Signal Technologies, Inc., Applied Signal ("AST") secured the dismissal of a former manager's claims that his termination was discriminatory and violated public policy and that AST defamed him, and a court of appeals upheld the dismissal.
    United StatesEmployment and HR
    Fenwick
    Fenwick
  • Article

    New York Enacts Law Expanding Severance Agreement Protections

    New York recently enacted legislation expanding protections for employees who are offered severance agreements. The law, known as the No Severance Ultimatums Act...
    United StatesEmployment and HR
    Shook, Hardy & Bacon LLP
    Shook, Hardy & Bacon LLP
  • Article

    NLRB Takes One Step Closer To Expanding The Possible Damages Awarded To Employees Fired In Violation Of The Act

    Interested amici may e-file briefs not exceeding 20 pages in length to the Board by Monday, December 27, 2021.
    United StatesEmployment and HR
    Proskauer Rose LLP
    Proskauer Rose LLP
  • Article

    Nurse Wins $41M Jury Verdict Against Kaiser Permanente In Discrimination And Wrongful Termination Lawsuit

    A jury has ordered Kaiser Permanente, a California health care provider, to pay a former charge nurse more than $41 million in damages for her age and disability discrimination...
    United StatesEmployment and HR
    Hall Benefits Law
    Hall Benefits Law
  • Article

    One Drink Too Many

    Tom, who worked for a trucking company as a driver salesman, recognized he had a drinking problem and sought leave under the Family and Medical Leave Act ("FMLA") to engage in rehabilitation.
    United StatesEmployment and HR
    Foley & Lardner LLP
    Foley & Lardner LLP
  • Article

    Recovery Of Lost Professional Fees By Terminated Physician

    In a recent decision of the United States Court of Appeals for the Seventh Circuit, Assaf v. Trinity Med. Ctr., the Court upheld the ability of a physician whose employment agreement was improperly terminated by a hospital to recover lost professional fees as part of the damages for the hospital’s breach.
    United StatesEmployment and HR
    Dickinson Wright PLLC
    Dickinson Wright PLLC
  • Article

    "Smile, Though Your Heart Is Aching": Great Lyric . . . But As A Workplace Policy? Employers Might Be Left Frowning

    Recently the news media reported on a Trader Joe's employee in New York City who was supposedly fired for not smiling enough.
    United StatesEmployment and HR
    Miles & Stockbridge
    Miles & Stockbridge
  • Article

    South Carolina Supreme Court Upholds Governor's Early Termination Of Federal Unemployment Benefits

    In a recent opinion, the South Carolina Supreme Court unanimously agreed with the lower court's dismissal of a lawsuit brought by four individuals to challenge Governor Henry McMaster's decision...
    United StatesEmployment and HR
    Littler Mendelson
    Littler Mendelson
  • Article

    Terminating Employee For Calling Boss A "Nasty Mother F**ker Violated NLRA

    Pier Sixty LLC ("Pier Sixty") employee Perez was upset with his supervisor, Bob McSweeney, who he believed treated both he and his coworkers unfairly and in a demeaning manner.
    United StatesEmployment and HR
    Fenwick
    Fenwick
  • Article

    The Sixth Circuit Recognizes A New Cause Of Action – “Relative Or Associate” Retaliation

    In a bold move which puts it in the minority among the federal circuits, the Sixth Circuit Court of Appeals, which covers Tennessee, Kentucky, Ohio and Michigan, has extended the anti-retaliation provision of Title VII to employees who are “related to or otherwise associated with” someone who makes a complaint under this federal law.
    United StatesEmployment and HR
    Miller & Martin
    Miller & Martin
  • Article

    When Is Aberrant Workplace Behavior Sufficient To Justify Termination?

    Aberrant workplace behavior caused by stress or a psychological condition is not uncommon.
    United StatesEmployment and HR
    Foley & Lardner LLP
    Foley & Lardner LLP
  • Article

    Contracts Prohibiting Solicitation Of Customers Post-Employment In Jeopardy

    Employees who are fired for refusing to sign agreements prohibiting them from soliciting customers post-employment can now sue for wrongful termination.
    United StatesStrategy
    Sheppard
    Sheppard

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