Tag: termination

It’s Important that Employees Know Who Can Fire Them

Employers frequently use lead persons who aren’t supervisors with the authority to fire employees. However, problems can arise when employees believe such leads can fire them. A recent case before the Arkansas Court of Appeals illustrates this problem. Background In an unbriefed appeal to the court of appeals, Erin Daniels challenged the Arkansas Board of […]

Surveillance in the Workplace: An Update from the NLRB

The National Labor Relations Board (NLRB) continues to move the needle on its interpretation of the National Labor Relations Act (NLRA) in favor of unions. For example, in Memorandum GC 23-02 entitled “Electronic Monitoring and Algorithmic Management of Employees Interfering with the Exercise of Section 7 Rights,” General Counsel Abruzzo outlined a new framework for […]

Case Study: Former Employee’s Private Social Media Not So Private After All

A worker sued her former employer for wrongful termination in violation of the New Jersey Law Against Discrimination (NJLAD), claiming the employer’s conduct subjected her to severe emotional distress. On March 16, 2023, the New Jersey Appellate Division ruled her private social media accounts and personal cell phone records are relevant and must be turned […]

Religious Discrimination: New Employer Obligations on Their Way

The title is a prediction, not a done deal. But no later than June 2023, I believe the U.S. Supreme Court will jettison a 46-year-old case that neutered an employer’s obligation to reasonably accommodate all aspects of an employee’s religious observance or practice. And what will the vote be? 9-0. Read on. How Did We […]

Making Employee’s Intention to Quit Effective Immediately

An employment relationship may be ended in a variety of ways with different legal consequences, so it’s important to accurately determine the method by which it’s terminated. An involuntary termination (i.e., the employee is fired) occurs when the employer decides to end the employment relationship. A voluntary termination or resignation (i.e., the employee quits) occurs […]

How Changes to the ‘Family Glitch’ Affect Workplace Health Plans

Effective in 2023, a new set of rules will change eligibility requirements for the premium tax credit (PTC) created under the Affordable Care Act (ACA). Implemented by the IRS, these new cafeteria plan rules and regulations will now make it easier for an employee’s family members to enroll in subsidized health insurance through an exchange.

Addressing the Quiet Firing Trend

While the term “quiet firing” may be new—and chatter around the trend increases—the practice is an age-old tactic used to force an employee to eventually quit. A recent LinkedIn News poll with over 20,000 respondents revealed 48% of employees had seen quiet firing in the workplace, and 35% have faced it during their careers. With the rise […]

Dispute Over Unsigned Arbitration Agreement Means Judge Must Wear Detective’s Cap

On July 18, 2022, the New Jersey Appellate Division provided a perfect reminder why all employers and HR professionals should diligently confirm that new hires complete all on-boarding paperwork. It reversed a trial court’s order compelling arbitration, finding that the terminated employee’s failure to sign or acknowledge receipt of an arbitration agreement presented a factual […]

Interactive Process Not Triggered Until Employee Brings Up Need for Accommodation

The Americans with Disabilities Act (ADA) prohibits covered employers from discriminating against a qualified individual with a disability. It also requires employers to provide reasonable accommodations to qualified individuals with a disability. Failure to accommodate an employee when a reasonable accommodation is available is a violation of the law. But employers aren’t required to provide […]