Tag: misconduct

When the floodgates open, expect water at your doorstep

About a month ago, my colleague Kristin Gray wrote about the breaking Harvey Weinstein scandal and best practices for employers to prevent harassment and discrimination from invading the workplace. And while I have no intention of reiterating any of the excellent points Kristin covered in her piece, it would be ignoring the obvious not to […]

Mississippi

Mississippi Employer’s Inconsistent Discipline Warrants Jury Trial on ADA, ADEA Claims

A federal trial court in Aberdeen, Mississippi, recently declined to dismiss an employee’s wrongful termination claims under the Age Discrimination in Employment Act (ADEA) and the Americans with Disabilities Act (ADA). The court found the employer’s distinction between the conduct of the terminated employee and similar misconduct by a younger nondisabled employee who wasn’t terminated […]

Hope Solo: too little, too late?

Hope Solo’s derogatory comments about Sweden’s national women’s soccer team have earned her a six-month ban from U.S. Soccer and the termination of her contract. U.S. Soccer president Sunil Gulati released a statement this week saying, “The comments by Hope Solo after the match against Sweden during the 2016 Olympics were unacceptable and do not […]

North Carolina’s unemployment overhaul to take effect July 1

by Richard L. Rainey North Carolina’s law overhauling the state’s unemployment system will take effect July 1, bringing about a small tax increase for many employers and a reduced maximum weekly benefit amount for claimants. It also will change the circumstances in which a claimant is disqualified from benefits. During the economic recession, the state […]

Firing Employees for Gross Misconduct: How Is COBRA Coverage Affected?

Employers should tread carefully when deciding not to offer COBRA continuation coverage due to “gross misconduct,” as a recent court case reminds. Here, a federal district court in Ohio held that a former employee’s conviction due to a sex offense, which led to his employment termination, was not yet enough to deny COBRA coverage due […]

Booze, Porn Addiction, and Interventions: What a Holiday Party

Litigation Value: $1,000,000 The folks at Dunder Mifflin must have felt like giving because they were essentially writing checks on the “Moroccan Christmas” episode of The Office. As always, there was plenty of inappropriate conduct going on this week, but rarely does it rise to this level. Michael served excessive amounts of alcohol to Meredith, […]

Terminating for cause? How to limit your liability in Canada

By Karen Sargeant and Brian P. Smeenk You’ve likely been in this situation before: One of your employees has engaged in questionable conduct. You’re in the process of investigating and are considering whether you should terminate the employee for cause. How do you go about it under Canadian employment laws? Be careful Terminating an employee’s […]