News & Analysis as of

Dismissals Hiring & Firing Termination

Parker Poe Adams & Bernstein LLP

Admission That Business Unit Was Closed Due to Employee's Disability Precludes Dismissal of ADA Claim

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

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

Deaf Ramp Agent’s Inability to Communicate With Others While Working Posed ‘Direct Threat’ to Employee Safety, Court Rules

SkyWest Airlines, Inc., was justified in discharging a deaf ramp agent because his inability to hear or effectively communicate posed a “direct threat” to the safety of himself and others, the U.S. District Court for the...more

McDermott Will & Emery

Kündigungsgrund: WhatsApp-Nachricht – Bundesarbeitsgericht (BAG) erteilt pauschaler Vertraulichkeitserwartung eine Absage

McDermott Will & Emery on

Das Bundesarbeitsgericht hatte sich in einer aktuellen Entscheidung (BAG, Urteil vom 24. August 2023 – 2 AZR 17/23, PM) damit auseinander zu setzen, inwiefern Äußerungen, die in privaten WhatsApp-Chatgruppen getätigt wurden,...more

Genova Burns LLC

Digital Walls Surrounding Speech on Social Media Crumble: NJ Appellate Division Upholds Employee Termination for Racist Facebook...

Genova Burns LLC on

On May 20, 2022, in McVey v AtlantiCare Medical System, the New Jersey Appellate Division Panel affirmed the dismissal of an employee’s case holding that her termination was not in violation of the protections afforded to...more

Jackson Lewis P.C.

Connecticut Medical Marijuana User Could Not Proceed With ADA Claims

Jackson Lewis P.C. on

The District Court of Connecticut dismissed employment discrimination claims asserted under the Americans with Disabilities Act (“ADA”) with regard to state authorized medical marijuana use. Eccleston v. City of Waterbury,...more

Holland & Hart - Employers' Lawyers

CO Employers Can Forgo Paying Out Unused Vacation Upon Termination

Unused vacation time can represent a substantial liability on the books for many employers. Therefore, the extent to which you can control the payout of unused vacation time upon an employee’s separation from employment is an...more

Dickinson Wright

Michigan Court of Appeals Holds that Violating Code of Ethics a Legitimate, Non-Discriminatory Reason for Termination

Dickinson Wright on

On July 23, 2019, the Michigan Court of Appeals affirmed dismissal of an age-discrimination complaint against a bank where the bank’s internal investigation revealed that the plaintiff violated its code-of-ethics policy. ...more

Fisher Phillips

Death Threats Lead To Employer's ADA Victory

Fisher Phillips on

It is rare that the most employee-friendly of all federal appellate courts cites “common sense” in support of one of its decisions. The 9th Circuit Court of Appeals recently did just that, however, dismissing a disability...more

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