Tag: dismissal

EEOC

Unchecked Boxes on EEOC Charge Form Halt Bias, Retaliation Claims

The U.S. 5th Circuit Court of Appeals recently upheld the dismissal of a former employee’s sexual orientation discrimination and retaliation claims because he hadn’t exhausted administrative remedies with the Equal Employment Opportunity Commission (EEOC) before filing suit. Although he mentioned sex discrimination and retaliation in the EEOC intake questionnaire, he hadn’t checked the boxes on […]

arbitration

Court Upholds Dismissal After Employee Couldn’t Prove Monetary Damages

The U.S. 7th Circuit Court of Appeals (whose rulings apply to all Illinois, Indiana, and Wisconsin employers) recently interpreted the Family and Medical Leave Act (FMLA) in a case involving an interesting set of facts. The employer altered an employee’s position while he was on leave, but his compensation was frozen at a pre-leave level […]

ADA

Title VII Case Fails vs. Firm Serving Navajo Nation

The U.S. 10th Circuit Court of Appeals (whose rulings apply to all New Mexico employers) recently affirmed the dismissal of an employment discrimination lawsuit against a private corporation serving the Navajo Nation, finding it constituted an “Indian tribe” and was thus excluded from the legal obligations of Title VII of the Civil Rights Act of […]

Quebec court upholds cause termination of employee for a single incident of theft

by Marie-Ève Gagnon Theft of merchandise by employees continues to be a recurring and costly problem for Canadian employers. The courts, however, do acknowledge the seriousness of the issue. Dismissal is often found to be an appropriate disciplinary response regardless of the value of the items stolen or whether the theft is repeated—unless mitigating factors […]

Arbitrator upholds employer’s dismissal of grievor who exaggerated her medical symptoms

by Louise Béchamp Exaggerating one’s medical symptoms in order to avoid a return to work can be cause for dismissal. This is a lesson that a grievor learned the hard way following the finding of a Quebec arbitrator in Fédération des paramédics et des employées et employés des services préhospitaliers du Québec (FPESPQ) and Services […]

Tactical Considerations for Reference Letters in Canada

By Derek Knoechel As the authors of the July 13, 2009, Northern Exposure article “Canadian Employers May Be Obligated to Provide References” indicate, a positive reference letter can be worth its weight in gold to an employee who has been fired. But employers often don’t want to provide reference letters, and a reference letter can […]