by Craig M. Borowski
Employment-related claims remain at near all-time high levels, and most employers face them from time to time. Many attorneys would agree they have a “wish list” of things they would like to receive with their next employment lawsuit to help them successfully defend the case. Unfortunately, to the detriment of an [...]
Archive for the 'Termination' Category
by Craig M. Borowski
by Al Vreeland
I report from the center of the Southeastern Conference (SEC)—where the arrival of winter means it’s firing time. Four of 14 SEC head football coaches have been sacked, and regardless of your tailgating preference, their terminations provide lessons on how to gracefully handle the exit of your top executives.
Penthouse to outhouse
No coach rode [...]
Employers generally go to great lengths to retain valued employees. They know the benefits of keeping good, experienced people and avoiding the costs of recruiting and training new hires. Sometimes, though, the words “I quit” are music to an employer’s ears. A problem employee out the door seems like a problem solved.
But is it? Suppose [...]
Seen any viral videos lately? Maybe a more pertinent question is: Fired anyone over a viral video lately? Videos and other social media posts run the gamut from cute kittens to dancing wedding parties. Sometimes, though, they delve into more serious subjects and become statements on political and social issues — issues that can embarrass [...]
by Mark I. Schickman
There have been many lawsuits limiting the introduction of religion into the workforce. Employees who insist on a God-given right to bash gays at the workplace are subject to termination ― despite their right to express their religious beliefs. An employee whose religion opposes taking orders from women [...]
by Peter A. Jones
Few would question that the world has changed. Collectively, social media, unlimited Internet access, and a shift in the way news is gathered and reported have created a different and challenging environment when employees go “public.” Indeed, the very definition of what constitutes “news” is constantly evolving, as is the news cycle. [...]
by Jennifer L. Anderson
A federal court in New Orleans recently paved the way for the Equal Employment Opportunity Commission (EEOC) to move forward with an Americans with Disabilities Act (ADA) lawsuit on behalf of a severely obese employee. Whether obesity is a disability under the ADA and what an obese employee must prove to win [...]
by Jeffrey S. Beck
Most employers are aware that to meet the burden of establishing a discrimination claim under the indirect method (i.e., without “smoking gun” evidence of discriminatory intent), an employee must offer evidence that similarly situated individuals outside her protected class were treated more favorably. While that principle is well established, cases can turn [...]
The old saying goes that the devil is in the details. When considering the doctrine of at-will employment, it may be more correct to say the answers are in the details. But, that doesn’t mean some of those details aren’t a bit devilish to decipher.
HR professionals often struggle with termination decisions. The decision is easy [...]
The story of a Chicago woman fired from her job after she was caught working on her lunch break made national news earlier this year. It struck a chord with the general public because people were questioning why an employer would fire an employee for seemingly going the extra mile. If an employee is punished [...]