Tag: wrongful termination

What Happens when an Alleged Harasser Claims Discrimination?

Occasionally, an employee accused of harassment will file a charge with the Equal Employment Opportunity Commission (EEOC) claiming that he was subjected to disciplinary action even though he was innocent or that he was the real victim of harassment.

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 […]

When are criminal charges none of your business?

by Hannah Roskey Off-duty misconduct could lead to an employee’s dismissal. But a recent court decision in Ontario suggests that the circumstances where that will amount to just cause for termination are quite limited. The court found that an employee who had been fired after being criminally charged with sexual assault was wrongfully dismissed. The […]

New Tennessee wrongful discharge law favorable to employers

by David Johnson A new Tennessee law going into effect on July 1 puts a cap on damages employees can collect in wrongful termination claims. Public Chapter 995 affects the Tennessee Human Rights Act (THRA), the Tennessee Public Protection Act (TPPA), and the Tennessee Disability Act (TDA). The new law imposes a cap on compensatory […]

Age discrimination or legitimate termination? Firing a 65-year-old can be tricky

What should an employer do when faced with a longtime manager with stellar performance reviews who doesn’t adhere to company policy, misses deadlines, has been written up for sexual harassment, and may be responsible for committing fraud? And does it complicate the situation if that manager is 65 years old?  Those were questions recently put […]

When Hiring Means Firing

By Marisa Victor and Yael Wexler An employment contract can provide certainty and protection for both the employer and employee. But what happens when it comes time to renew it? A recent Ontario case shows what can go wrong when an employer offers an existing employee a revised contract in order to address performance or […]

Employee Stock Options: Get Them Right

By Christopher Ferguson and Stephen Acker In 2010, Jen-Hsun Huang’s salary was $1. No, he’s not a fresh-faced intern. Rather, Huang is the CEO of Nvidia Inc., the graphics and mobile chipmaker with Intel-sized ambitions. In that context, $1 seems like a meager reward. You would imagine that out of the firm’s $844 million in […]

The Deposition: Michael’s Secrets Revealed!

In “The Deposition” episode of “The Office,” Michael Scott tries to testify against his employer, Dundler Mifflin, after his girlfriend Jan Levinson sues the company for wrongful termination.  While Michael is being deposed, his e-mail, personal diary, and performance reviews are  used. Employment law attorney Troy Foster reminds us that “that nothing at work should […]

Did I Stutter?

LITIGATION VALUE: $450,000 (if Stanley ever quits or is fired) It is with great sadness that I announce that I am leaving “That’s What She Said.” I have taken a new job and am leaving the private practice of law. But don’t despair. Our beloved blog will continue. I have passed the torch to my […]