Tag: termination

Back to Basics: No Retaliation Claim if No Protected Activity

Retaliation claims are among the most numerous types of employee claims processed through the Equal Employment Opportunity Commission (EEOC) and state EEO agencies. Central to the claims is whether an employee engaged in protected activity and how the employer responded to it. A recent case from the U.S. 8th Circuit Court of Appeals (whose rulings […]

Circumstantial Evidence Can Prove Retaliatory Anti-Whistleblower Motive

Wrongful termination suits often rely on proof of motive—did the employer terminate the employee for an unlawful reason? But employers that act for illegal motives aren’t likely to admit it, so the law has established ways to prove unlawful motives through circumstantial evidence. But there is more than one formula for that proof, depending on […]

Unreasonable-Refusal-to-Rehire Claim Barred by 10-Year-Old Compromise Agreement

Wisconsin employers are used to being able to settle and receive a release of claims for known and unknown events that have occurred only in the past. In a recent Labor & Industry Review Commission (LIRC) decision, a full and final compromise agreement entered into between the parties prevented the employee from maintaining an unreasonable-refusal-to-rehire […]

Four Steps to Take if Employee Has Mental or Emotional Issues

Employees who exhibit what appear to be mental or emotional issues while in the workplace or performing their job duties present some of the most difficult situations for employers. They may have a disability you may be required to accommodate under the Americans with Disabilities Act (ADA). They also may, at times at least, be […]

Tips for Managing Discharge Risks

Employment decisions can be difficult. Which applicant do we hire? Should we grant this employee’s request for leave? What type of discipline do we impose on a particular worker? Each decision carries varying degrees of risk. One of the riskiest decisions you’ll face will be whether to discharge a particular employee. Before making the decision, […]

Timing Matters: Employee Fired During FMLA Leave for Months-Old Problems

Though the following case is still in its infancy, it tees up several common concerns in employment litigation. A new supervisor arrives on the scene and starts pointing out performance problems for the first time (calling into question the veracity of the critique). The employee goes out on leave for medical conditions. The employer decides […]

EEOC Files First COVID-19-Related Suit After Employer Rejects Remote Work Request

Along with a new wave of post-COVID-19 litigation surfacing across the country, the Equal Employment Opportunity Commission (EEOC) has filed its first lawsuit against an employer for allegedly failing to accommodate and unlawfully terminating a disabled employee who had asked to work remotely because of the pandemic. Facts Ronisha Moncrief was a health, safety, and […]

Court Upholds Arbitrator’s Reinstatement of Employee Fired for Positive Drug Test

A federal district court in Massachusetts recently issued a decision that serves as a good reminder to employers to review their policies related to employee drug or alcohol use both on and off duty and ensure they are consistently applied. While the case involved a unionized employer, even nonunion employers should review the decision because […]

Reasonable Accommodation Not Always Employee’s Preferred Choice

A recent employer-friendly decision from the U.S. 5th Circuit Court of Appeals (which covers Louisiana, Texas, and Mississippi) is a reminder to take disability accommodation requests seriously. Also, remember an accommodation can be reasonable even if it’s not the employee’s preferred choice. Facts In May 2016, Willis Towers Watson (WTW) hired Christian Jennings to work […]

vaccine

What to do When Employees Claim Religious Exemption From Vaccine Mandates

Although most employers were hesitant to implement vaccine mandates after the initial rollout of the COVID-19 shots, the still-surging pandemic (driven by the highly contagious delta variant) has caused many companies to rethink their position. Exemptions may be available, however, to those who can demonstrate a medical condition or sincerely held religious belief barring them […]