Reminder to Employers: Be Consistent with Similarly Situated Employees
A recent decision from the U.S. District Court for the Western District of Michigan illustrates how important it is to treat similarly situated employees similarly.
Tag: terminated
5th Circuit Rejects Disability Discrimination Claim Based on Alcoholism
An employer wasn’t liable to a former employee who alleged he was terminated because of a disability, his alcoholism, the 5th Circuit recently decided. Although the appeals court didn’t directly address whether alcoholism qualified as a protected disability when it upheld a New Orleans-based district court ruling, the opinion offers guidance on how employers can […]
Employer’s Suspect Gross Misconduct Finding and Imprecise Notice Format Mean COBRA Claim Proceeds
The gross misconduct exception under COBRA means that if an employee’s employment is terminated due to gross misconduct, continuation coverage does not have to be offered to the terminated employee or the terminated employee’s family. One of the many tricky aspects of administering the gross misconduct rule is that the decision should be made at […]
When Workers Take Part in Violent Protests: What Are an Employer’s Options?
The siege of the U.S. Capitol in Washington, D.C., and the strong possibility of more riots, violence, and protests across the nation bring up a legal and ethical dilemma for employers: Can a company terminate or discipline a worker because he or she participated in a riot or even the protest preceding a riot? Employers […]
Virtual Outplacement 101
Remember Blockbuster? I have a little nostalgia for the bygone days of browsing the video rental company’s aisles for a movie to watch, but I don’t think any of us are ready to give up our Netflix or Hulu to go back to the “good old days.” Driving back and forth from the store, choosing […]
IRS Again Extends Closed DB Plan Nondiscrimination Relief
The Internal Revenue Service (IRS) has extended for an additional year the temporary nondiscrimination relief it offers closed defined benefit (DB) retirement plans.
Television Shows and Performance Evaluations: It’s All about the Ratings, Baby
In May each year, broadcast TV, cable, and streaming services begin announcing series renewals and cancellations. This process continues well into the summer.
Two Approaches to New Cash Balance Plan
Yesterday we took a look at Internal Revenue Service (IRS) guidance on how to change interest crediting rates in a cash balance (CB) plan. Today we’ll look at the two approaches that the IRS has discussed to address a change in the interest crediting rate.
Desperate Housewives Case Addresses Wrongful Termination Based on Failure to Renew Contract
It should not be surprising that in California, prominent court cases involve the entertainment industry at times. In my last EntertainHR blog post, I discussed the 2006 California Supreme Court’s decision in Lyle v. Warner Brothers Television Productions, where the court held that within the adult-oriented situation comedy Friends writers’ room, conduct that might otherwise […]
Office Romances: Fallout from Breakup Can Cause Headaches Down the Road
The federal district court of Minnesota recently heard a case regarding sexual harassment after the breakup of a consensual sexual relationship between an employee and her supervisor. The supervisor allegedly was displeased with the breakup and was unsuccessful in restarting the relationship, and a tense work environment ensued. The court ultimately held that the allegations […]