News & Analysis as of

Employer Liability Issues › Adverse Employment Action › Employee Misconduct

Foley & Lardner LLP

Shifting Views on Paid Administrative Leave

Foley & Lardner LLP on

Employers often place employees on paid administrative leave while they investigate accusations of employee misconduct or make decisions regarding the employees’ employment. Traditionally, most federal courts agreed that this...more

Epstein Becker & Green

Massachusetts Federal Judge Rules that Protected Activity Does Not Shield an Employee from the Consequences of Engaging in...

Epstein Becker & Green on

On November 13, 2023, in USA ex rel, Morgan-Lee, et al. v. The Whittier Health Network, LLC, et al., a Massachusetts federal district judge concluded that although the plaintiff engaged in protected activity when she raised...more

Thomas Fox - Compliance Evangelist

2023 Global Business Ethics Survey: Part 3 – Retaliation in the Workplace

Thomas Fox - Compliance Evangelist on

The 2023 ECI Global Business Ethics Survey has shed light on the pressing issues of workplace ethics, retaliation, and whistleblower protection. The survey reveals that employees often face pressure to compromise workplace...more

Parker Poe Adams & Bernstein LLP

Motive Behind Employer's Investigation Determines Retaliation Question

Parker Poe Adams & Bernstein LLP on

​​​​​​​Here’s another common scenario we see with clients: An employer has an especially difficult employee who has made multiple complaints about their treatment while at the same time performing terribly and missing...more

Littler

11th Circuit Finds Employee Conduct May Lead to Termination Even Where the Conduct is the Result of Mental Illness

Littler on

On May 27, 2021, in Todd v. Fayette County School District, a unanimous three-judge panel of the U.S. Court of Appeals for the Eleventh Circuit affirmed the propriety of a school district’s decision to end a mentally ill...more

Seyfarth Shaw LLP

What To Do When Employee Misconduct And Protected Activity Collide?

Seyfarth Shaw LLP on

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...more

FordHarrison

Waiting On Dorian: HR Tips for Dealing With Employees Who Can’t Seem to Show Up On Time, or at All

FordHarrison on

Waiting on Dorian to arrive or to skip Florida altogether got me thinking about the HR challenges of dealing with employees who can’t seem to show up on time—or at all.  Managing employee attendance problems and preparing for...more

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

Wisconsin Supreme Court Focuses on Employer’s Actual Knowledge in Disability Discrimination Ruling

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

In a recent opinion, the Supreme Court of Wisconsin rejected the “inference method” of causation that the Labor and Industry Review Commission has used for more than two decades to find liability in cases in which an employer...more

Littler

Wisconsin Supreme Court Holds That State Disability Discrimination Law Requires Proof of Intent to Establish Liability

Littler on

The Wisconsin Supreme Court recently overturned a longstanding line of cases that allowed disabled employees to prevail in discrimination cases without proving the employer intended to discriminate or was even aware that the...more

Sheppard Mullin Richter & Hampton LLP

Sex + Discrimination = Liability, Says First Circuit

Sheppard Mullin Richter & Hampton LLP on

In Franchina v. City of Providence, 2018 WL 550511, 2018 U.S. App. LEXIS 1919 (1st Cir., Jan. 25, 2018), the First Circuit offered no sympathy to the City in its appeal of a jury award that found the City’s fire department...more

10 Results
 / 
View per page
Page: of 1

"My best business intelligence, in one easy email…"

Your first step to building a free, personalized, morning email brief covering pertinent authors and topics on JD Supra:
Sign up Log in
*By using the service, you signify your acceptance of JD Supra's Privacy Policy.
- hide
- hide