Labor and Employment Law

Recent Posts

How Discipline and Discharge of Public Sector Employees Differs From That of Private Sector Employees
Posted on 17 Aug 2015 by Steptoe & Johnson PLLC

by Allison B. Williams HR professionals and lawyers in West Virginia know that our State is an at-will employment state, meaning you can discharge an employee for a good reason, a bad reason, or any reason at all, as long as it is not done for an illegal... Read More

Should My Business in New York Offer an Employee the Opportunity to Quit Instead of Being Fired?
Posted on 4 Jan 2013 by David S. Rich

Suppose that an employer in New York State has decided (for a legitimate, nondiscriminatory reason) to end its working relationship with a particular worker. Is the employer best off firing the worker outright or, instead, offering the worker the opportunity... Read More

Did He Quit, or Was He Fired? Constructive Discharge Quiz!
Posted on 7 May 2015 by Robin Shea

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... Read More

Simply Irresistible: Terminating the Irresistible Attraction
Posted on 14 Jan 2013 by John Holmquist

Spouses who work together experience the rewards and challenges that 24 hour contact brings. One of the challenging parts occurs when the husband works closely with other females. In Nelson v. Knight , the Iowa Supreme Court addressed the issue of... Read More

Colorado Supreme Court Upholds Termination for Medical Marijuana Use
Posted on 17 Jun 2015 by Philip Miles

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... Read More

Regardless of State Laws, the Use of Marijuana Remains Unlawful Under Federal Law
Posted on 16 Jun 2015 by Barran Liebman LLP

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... Read More

Is Your Reason for Termination Honest, Logical, and Complete? If Not, You May Get a Scary Result in Your Discrimination Case
Posted on 14 Jun 2013 by Robin Shea

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... Read More

Are No Re-Hire and No Re-Apply Clauses Unlawful?
Posted on 11 Nov 2015 by Philip Miles

I attended the ABA Labor and Employment Law Conference this past weekend. It was my first time, but it will not be my last. It was a great conference! I learned a lot, but one particular issue stuck out for me: Are "no re-hire" and "no... Read More

Calling Your Students "Hoes" Can (and Should) Get You Fired
Posted on 9 Jun 2014 by Margaret (Molly) DiBianca

During the 2007-2008 school year, Ms. Kimble was employed as a cook and cheerleading coach at a high school. In December 2007, she took the cheerleaders on an overnight Christmas party held in a cabin located outside the county. The trip was not approved... Read More

Note to Employers: Avoid the Aggie Way
Posted on 8 Dec 2011 by John Holmquist

The end of the college football season frequently brings the terminations of coaches as schools review the season and their programs. Such is the case for Texas A&M. The university fired Mike Sherman as the head football coach on Thursday. The... Read More

Can My Business in New Jersey Fire an Employee Because of His Off-the-Job Conduct?
Posted on 2 Jan 2012 by David S. Rich

With certain exceptions, a business in New Jersey may fire or refuse to hire a person because of his or her lawful, off-duty, political or recreational activities. Specifically, in New Jersey , employers may not refuse to hire or employ any individual... Read More

Fired for Suing an Ex-Employer? Court Rejects Public Policy Claim
Posted on 20 May 2013 by Jon Hyman

Carcorp hired Barry Elam to work in its finance department. A few months into his employment with Carcorp, Elam sued his prior employer, Bob McDorman Chevrolet, claiming that it had wrongfully fired him in retaliation for his cooperating with an investigation... Read More

Employers, Don’t Commit These 5 Firing Faux Pas!
Posted on 9 Sep 2014 by Robin Shea

Do you think you have that employee termination all buttoned up, and no one will be able to challenge you? Defending that EEOC charge will be a slam dunk? No plaintiff’s lawyer in his right mind would represent your soon-to-be-ex employee? Are... Read More

The End of The Employment Relationship May Be The Beginning of a Legal Claim: Ten Steps to Minimize Exposure of Employee Lawsuits
Posted on 18 Nov 2011 by LexisNexis Labor & Employment Law Community St

by Mark J. Swerdlin and Teresa D. Teare Excerpt: Employers small and large face legal claims arising out of employment decisions at an increasing rate. In fact, employee lawsuits rose 400% from 1987-2007. The Equal Employment Opportunity Commission... Read More

Even terminations over “genitalia sandwiches” can generate lawsuits
Posted on 29 May 2012 by Jon Hyman

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... Read More