Practical HR Tips, News & Advice. Updated Daily.
On August 15, 2022, the U.S. Third Circuit Court of Appeals (whose rulings apply to New Jersey, Delaware, and Pennsylvania employers) upheld the District of New Jersey’s dismissal of an employee’s age discrimination claims, finding she was unable to show her employer’s nondiscriminatory reasons for not hiring her were “so plainly wrong that it cannot […]
A car salesman who was terminated following customer complaints of a bad attitude cannot get to a jury on his religious discrimination claim according to the U.S. 10th Circuit Court of Appeals (whose rulings apply to all Oklahoma employers). The appeals court affirmed the trial court’s grant of summary judgment (dismissal without a trial) in […]
One of the things that happens with the Family and Medical Leave Act (FMLA) is a disconnect between the complex structure of the FMLA and its practical application. Plaintiffs’ attorneys will sometimes assert that they don’t understand how there could be an FMLA issue given that the structure is “so easy to understand.” That’s typically […]
Once an employee requests an accommodation, their employer has a duty to engage in an “interactive process” to try to determine whether they can accommodate the disability. With that in mind, employers should take note of this recent decision from the U.S. 6th Circuit Court of Appeals (which covers Tennessee, Ohio, Kentucky, and Michigan). The […]
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 […]
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 […]
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 […]
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 […]
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, […]
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 […]