Tag: termination

Can they do that? Firing employees for off-duty conduct

by T. Harold Pinkley Participating in last year’s Unite the Right rally in Charlottesville, Virginia—an event that involved several groups usually identified as the “alt-right,” along with groups protesting the marchers—has proven to have unforeseen and unintended consequences, including job loss, for some of the people involved. This article examines how you can or should […]

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Dismissals for incompetence: Are we moving backward or forward?

by Rhéaume Perreault and Michael Adams It appears that employers in Quebec who wish to dismiss employees for incompetence may now need to accomplish an additional step before doing so. Indeed, the Superior Court of Quebec, in Commission scolaire Kativik v. Ménard, 2017 QCCS 4686, recently confirmed an arbitration decision in which an additional criterion […]

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review

When Is an Employment Action Significant Enough to be Adverse?

A recent 3rd Circuit Court—which covers Delaware, New Jersey, and Pennsylvania—decision raises questions about when an employment action is significant enough to constitute an adverse action within the scope of state and federal discrimination laws.

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FMLA

Employer Makes ‘Lemonade’ Out of Employee’s FMLA Lawsuit

To be candid, I wasn’t sure who Beyoncé is. While I know a lot about employment law, I often come up short on popular culture. So it’s fortuitous that an employee in Ft. Worth, Texas was fired for attending a Beyoncé concert while she was on Family and Medical Leave Act (FMLA) leave. In addition […]

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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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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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