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...
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
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...
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...
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...
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...
Is Your Reason for Termination Honest,
Logical, and Complete? If Not, You May Get a Scary Result in Your
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...
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...
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...
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.
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...
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...
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?
by Mark J. Swerdlin and Teresa D. Teare
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
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...