Log in or register
Share on LinkedInShare on LinkedIn

ARTICLE · 04 JUNE 2020

What To Do When Employee Misconduct And Protected Activity Collide?

Seyfarth Shaw LLP
Explore more from Seyfarth Shaw LLP

When an employee violates company rules or policies, a company is within its rights to respond with appropriate corrective action. How to respond, however, can become complicated when...

United StatesEmployment and HR
Christina Jaremus
Christina Jaremus
Erin Dougherty Foley
Erin Dougherty Foley
Author LinkedIn connections
Seyfarth Synopsis: When an employee violates company rules or policies, a company is within its rights to respond with appropriate corrective action. How to respond, however, can become complicated when an employee engages in legally protected activity at or around the same time as their misconduct.

On April 30, 2020, the 11th Circuit issued its opinion in Brad Knox v. Roper Pump Company, No. 18-11756, (11th Cir. 2020) reversing summary judgment on a former Roper Pump Company (Roper) employee's race-based retaliation claim. The key takeaway from Roper is that an employer may not respond to a claim of discrimination by conditioning continued employment on a release of all claims and then firing the employee for refusing to sign the release. When stated in those terms, it is abundantly clear that such an action constitutes unlawful retaliation. When an employee violates workplace policies at or around the same time that the employee engages in protected activity, how

We operate a free-to-view policy, asking only that you register in order to read all of our content. Please login or register to view the rest of this article.

Register for freeORLog in

The content of this article is intended to provide a general guide to the subject matter. Specialist advice should be sought about your specific circumstances.

View source

Related Articles

Legal Intelligence Newsletters: sign up for the latest legal and regulatory news on your chosen topics

Read more about

Related Comparative Guides

See more popular content from

Article

Treasury Issues Temporary Regulations On Trump Accounts And Contributions

The U.S. Department of the Treasury and IRS recently issued temporary regulations that provide an immediately effective framework for establishing and administering “Trump Accounts,” including broad automatic enrollment and large-scale contributions funded by governmental and charitable donors. The regulations became effective September 30, 2026, apply to taxable years beginning on or after January 1, 2026, and expire September 30, 2029.
United StatesEmployment and HR
Fennemore Craig, P.C.
Fennemore Craig, P.C.
Article

IRS Issues New Revenue Procedure

The IRS has released Revenue Procedure 2026-24, establishing new inflation-adjusted limits for Health Savings Accounts and high-deductible health plans effective in 2027. These updates include increased contribution limits, higher minimum deductibles, and expanded out-of-pocket maximums, along with new provisions for direct primary care service arrangements under the One, Big, Beautiful Bill Act. How will these changes impact employee benefit planning and healthcare coverage strategies?
United StatesEmployment and HR
Winston Taylor
Winston Taylor
Article

Allegheny County Council Passes Paid Parental Leave Policy

On Tuesday, October 20, 2026, the Allegheny County Council passed legislation requiring employers with at least 15 workers to provide 12 weeks of paid parental leave, ending months-long debate on the proposal. We previously reported on the initial 18-week proposal in May 2026 (summarized here), the revised proposed legislation (summarized here), and the Allegheny County Board of Health passing the legislation (summarized here). The measure was passed in an 11-4 vote. It will become effective in one year, as County Executive Sara Innamorato signed the bill on, October 22, 2026.
United StatesEmployment and HR
Buchanan Ingersoll & Rooney
Buchanan Ingersoll & Rooney
Article

DOL Announces Enforcement Actions Against Employers In H-1B And PERM Fraud Probe

The Trump Administration has launched an unprecedented enforcement action suspending permanent labor certification processing for eight major employers, linking immigration sponsorship to layoff histories and recruitment practices. This development signals a fundamental shift in how the government evaluates employer access to H-1B and green card programs, with investigations already underway and subpoenas served.
United StatesEmployment and HR
Mayer Brown
Mayer Brown
Article

Maryland’s Ban On Mandatory Employer Meetings: Notice Deadline Looms

Maryland employers must comply with new posting requirements under the Worker Freedom Act, which prohibits penalizing employees who decline attendance at employer-sponsored meetings on religious or political matters. The Maryland Department of Labor has released official notices in English and Spanish that must be displayed prominently in workplaces and provided to new hires starting November 1, 2026.
United StatesEmployment and HR
Jackson Lewis P.C.
Jackson Lewis P.C.
Article

DHS Allows Salvadoran TPS Beneficiaries To Work And Remain, For Now

The Department of Homeland Security has confirmed that Salvadoran Temporary Protected Status beneficiaries remain protected despite the September 9, 2026 expiration date, though no formal announcement has been made regarding the program's future. This development raises critical questions about employer obligations and the potential scenarios that may unfold, including termination with a 60-day notice period or an extension of the designation.
United StatesImmigration
Seyfarth Shaw LLP
Seyfarth Shaw LLP
Article

More Than A Download: Using USCIS’s E-Verify Records Disposal Deadline As A Compliance Checkup

U.S. Citizenship and Immigration Services is permanently disposing of E-Verify records last updated before December 31, 2016, giving employers until January 8, 2027, to download critical compliance documentation. Companies must act now to preserve historical case data needed for audits, government investigations, and Form I-9 system transitions while ensuring their E-Verify account information remains current and accurate.
United StatesImmigration
Seyfarth Shaw LLP
Seyfarth Shaw LLP
Article

A New Price Tag On OPT? DHS Proposes Unprecedented Fees For F-1 Practical Training

The Department of Homeland Security has proposed imposing fees of $70,000 for initial OPT recommendations and $30,000 for second-year extensions on educational institutions, potentially reshaping how international students, universities, and employers participate in the Optional Practical Training program. While framed as a fraud prevention measure, the proposal raises critical questions about workforce access, cost allocation...
United StatesImmigration
Seyfarth Shaw LLP
Seyfarth Shaw LLP
Video

DOJ’s New Fraud Enforcement Hub (Video)

The U.S. Attorney's Office for the District of Columbia has established a new Fraud and Asset Recovery Division specifically targeting False Claims Act matters and federal fund recovery efforts. This organizational shift signals heightened scrutiny of government contractors' compliance practices, particularly regarding certifications, billing accuracy, and representations made to federal agencies.
United StatesGovernment, Public Sector
Seyfarth Shaw LLP
Seyfarth Shaw LLP
Article

California Just Expanded Regulation Of Workplace AI Beyond CCPA ADMT

California has enacted three new laws governing employer use of artificial intelligence and automated tools in layoffs, workplace monitoring, discipline, and termination. These laws are separate from the California Consumer Privacy Act’s automated decisionmaking technology (ADMT) rules and apply more broadly to employers and public entities that are not covered by the CCPA. CCPA covered employers may need to integrate compliance with ADMT and Risk Assessment requirements (for sensitive personal information processing activities and automated decisionmaking technology).
United StatesEmployment and HR
Seyfarth Shaw LLP
Seyfarth Shaw LLP