Tag: Wrongful Discharge

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 […]

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 […]

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 […]

Unconditional Offer to Reinstate Employee Prevents Wrongful Discharge Claim

I often receive calls from employers that say they just met with an employee to talk about job performance, the session didn’t go well, and now the company has received a bizarre communication from the individual and doesn’t know how to proceed. After I’ve read the message and talked with the employer, it becomes clear […]

Employers Can’t Fire Employees for Placing Rebuttal in Their Personnel File After All

Last March, we wrote about a surprising ruling in which the Massachusetts Appeals Court concluded employers in the state aren’t legally prohibited from firing employees for exercising their right to file a rebuttal in response to a negative document placed in their personnel file. The decision wasn’t unanimous, the dissenting opinion was persuasive, and the […]

Idaho At-Will Employees Have Standing to Sue Employer for Fraudulent Hiring

The Idaho Supreme Court recently rendered a decision highlighting an important distinction between wrongful discharge and “fraudulent hiring,” the latter of which allows at-will employees to sue their former employer. Background Employment in Idaho is presumed to be “at-will” unless contractually stated otherwise. In other words, with very few exceptions, an employment relationship has no […]

Muppets, Lannisters, and wrongful termination—which one isn’t like the others?

by Mark I. Schickman Kermit the Frog has been fired! From his birth in 1955 until 1990, Kermit was performed by his creator, Jim Henson. Since 1990, veteran Muppet performer Steve Whitmire donned the green felt. During Whitmire’s tenure, Kermit appeared in over 20 movies, got a star on the Hollywood Walk of Fame, was […]

What do you do now? The boss is the problem!

by Jo Ellen Whitney Being a business owner, supervisor, or boss doesn’t make you immune to bad behavior. Business owners, CEOs, and upper-level managers have been known to be bullies, behave badly, harass employees, and have affairs. There are certainly plenty of recent examples in the media. You can rarely open a popular magazine without […]

Interactions with Asperger’s: Discrimination, wrongful discharge claims go to trial

Soon after an employee provided his employer with information about his Asperger’s syndrome, it informed him that his contract wouldn’t be renewed because “Your Asperger’s got in the way of your ability to interact with your boss, and we are tired of it.” Afterward, the employee brought claims of wrongful termination and discrimination under the […]