Category: Employment Law

Whistleblower

Blowing a Whistle but Making No Sound: Nurse Didn’t Report Illegal Acts

Sometimes an employee who is released from service for good cause complains that the real reason for the employer’s decision is retaliation for her attempt to protect the public. “I’m a whistleblower!” the disgruntled former employee proclaims. “Look at all the terrible misconduct the employer was trying to cover up!”

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HIPAA

Court: HIPAA Violations are Grounds for Termination

The Kentucky Court of Appeals recently upheld the termination of a nurse who unintentionally disclosed a patient’s confidential health information while she was conducting a procedure.

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fired

Cheese Whizzes Who Made a Run for the Food Biz Awarded Unemployment

Employees of a cheese manufacturer decided to break into the food safety business while they were still employed by the company. The employer suspected cheese sabotage when it discovered its food safety and cheese-making manuals in the employees’ workspace and terminated their employment.

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background check

Is Failure to Reveal Sealed Conviction Grounds for Termination?

The Ohio Supreme Court recently held that an employee was required to honestly answer registration application questions about sealed convictions that were directly and substantially related to his position. Was his failure to disclose the convictions grounds for termination?

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ADA

Listen Closely! 5th Circuit Court Hears Stuttering Employee’s ADA Claims

In a recent decision, the U.S. 5th Circuit Court of Appeals—which covers Louisiana, Mississippi, and Texas—addressed claims brought under the Americans with Disabilities Act (ADA) by an employee who had a noticeable stutter. The employee alleged his employers failed to accommodate his disability and subjected him to a hostile work environment.

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ADA

ADA: When Is a Transfer a Reasonable Accommodation?

Massachusetts Gen. L. Ch. 151B is the state statute that prohibits discrimination based on disability, and the interpretation of that statute sometimes differs from the federal Americans with Disabilities Act (ADA). One area where the two statutes diverge is an employer’s obligation to transfer an employee to a vacant position.

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age discrimination

7th Circuit: No ADEA Liability for Terminating Retirees Because of Benefit Costs

The U.S. 7th Circuit Court of Appeals—which covers Illinois, Indiana, and Wisconsin—recently decided an interesting and complex case involving allegations of age discrimination. Retirees who continued to work part-time for an Indiana county argued the county violated the Age Discrimination in Employment Act (ADEA) when it terminated them to save money on health insurance benefits.

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Transgender

Sessions Memo Changes DOJ Position on Transgender Discrimination

U.S. Attorney General Jeff Sessions’ announcement changing his department’s position on transgender employment discrimination marks a change in the legal landscape, but it doesn’t alter employer obligations under various state and local laws or the position taken by other federal agencies.

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independent contractor

Employee or Independent Contractor? Right to Control Is Key

A continuing point of contention in employment law revolves around who is an employee versus who is an independent contractor. The issue seems to come up often in wage and hour cases and workers’ compensation or unemployment claims.

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