LexisNexis® Legal Newsroom
Reasons to Terminate: More Is Not Merrier

When terminating an employee, employers need only one reason. Of course, there is rarely just a single reason for reaching the decision. But the existence of multiple reasons does not mandate that each reason be shared with the employee. In other words, when an employer makes the decision to terminate...

Even terminations over “genitalia sandwiches” can generate lawsuits

The court properly granted summary judgment because reasonable minds could only conclude that appellant's actions in photographing an inmate placing his penis on a sandwich and then feeding the sandwich to another inmate were manifestly outside the scope of employment. I can promise you read that...

Termination of Employee Based on her Marriage to an Undocumented Alien Does Not Violate VII

In 2011, the United States Supreme Court held in Thompson v. North American Stainless that an employer may violate Title VII by retaliating against an employee who is related to a worker engaged in conduct protected by Title VII-even if the employee himself neither raised a claim of discrimination nor...

Benefits During the Notice Period

Terminating an employee's employment without cause in Canada comes at a price. The various employment acts and codes set out the requirements for termination notice or pay in lieu of notice (and in Ontario and federal workplaces, severance pay in addition to termination pay). The required termination...

PA: Forced reinstatement of a sexual harasser violates public policy

Courts analyzing anti-discrimination statutes such as Title VII of the Civil Rights Act of 1964 and the Pennsylvania Human Relations Act mandate that employers educate employees about discrimination in the workplace and provide a way for them to complain. Then, once made aware of discrimination in the...

Termination Rutgers Style

Rutgers President Barchi was quite adamant that Mike Rice, the men's basketball coach, was not fired for cause. He stated, "The outside counsel says that could not be done...I fired him. Not for cause. I just fired him." Not terminating the coach for cause cost the university a little...

Is Your Reason for Termination Honest, Logical, and Complete? If Not, You May Get a Scary Result in Your Discrimination Case

Is Your Reason for Termination Honest, Logical, and Complete? If Not, You May Get a Scary Result in Your Discrimination Case If you fire an employee for an indefensible reason, chances are you will get a charge or a lawsuit out of it, even if the indefensible reason was legal. That's HR/Legal...

When Can an Employer Give Working Notice?

In the wake of Target closing its Canadian doors this month, we have had some of our employer clients asking about the pros and cons of working notice. The 17,600 employees of Target have received at least 16 weeks of notice each, but many will be expected to work all or part of those 16 weeks rather...

What Does a Snowblower Have to Do With Your Next Employee Termination?

We’ve had a robust February of snow in Northeast Ohio, which provided the first excuse of the season to pull my snowblower out of the garage. Since we moved into our house a decade ago, there was not a snow storm that it couldn’t handle. The Sunday newspaper, however, is another story. ...

Did He Quit, or Was He Fired? Constructive Discharge Quiz!

Some employers really, really hate to fire employees. That doesn’t mean they won’t do it – but they’ll do just about anything to avoid calling it what it is. A few months ago, I wrote about “bogus RIFs” – when an employer tries to avoid “firing”...

Did the Sixth Circuit Just Gut the Honest-Belief Rule?

The only fight I’ve even been in was in 4th grade. For reasons that I can’t remember, Yale Weinstein and I squared off in the schoolyard of Loesche Elementary School. There were no winners, only losers, and the only thing that saved both of us from suspension that day was the fact that the...

Regardless of State Laws, the Use of Marijuana Remains Unlawful Under Federal Law

by Kyle Abraham On June 15, 2015, the Colorado Supreme Court issued its much-anticipated decision in Coats v. Dish Network, LLC [an enhanced version of this opinion is available to lexis.com subscribers] . This case is an important reminder that the use of marijuana remains unlawful under federal...

Legal Marijuana Remains Off-Limits in the Workplace

It is likely that when Ohioans go the polls this November, we will have the opportunity to vote on whether to amend our state constitution to permit for the medicinal and recreational use of marijuana . Meanwhile, Cleveland.com reports that business groups are concerned over certain language in the proposed...

Colorado Supreme Court Upholds Termination for Medical Marijuana Use

Colorado has a quirky little statute that makes it unlawful for employers to terminate employees for "lawful" outside-of-work activities. As you may know, Colorado also has some pretty marijuana-friendly laws on the books. Enter Brandon Coats. Brandon has a state license that allows him to...

When The Force Isn’t With You: Tips for Handling Reductions in Force

by Daniel D. Fassio Reductions in force are difficult for both employers and employees. Generally, employers only undertake such a drastic step due to decreased demand for products or services, or other economic difficulties. When those circumstances occur, management must evaluate the needs of the...