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Larson's Spotlight
over 7 years ago
Workers' Compensation
Recent Cases, News, Trends & Developments
Federal: California Plaintiff’s IIED Claim Barred by Exclusive Remedy Provisions of State Law
A Federal district court in California granted an employer’s motion for summary judgment on exclusive remedy grounds as to one count of plaintiff’s complaint that alleged an intentional infliction of emotional distress (“IIED”...
Larson's Spotlight
over 6 years ago
Workers' Compensation
Recent Cases, News, Trends & Developments
Michigan: Employer Establishes Workers Was Fired for Gossiping, Not Because Workers’ Compensation Claim Was Filed
In an unpublished opinion, the Court of Appeals of Michigan affirmed a trial court’s order granting summary judgment to plaintiff’s former employer on plaintiff’s claims of retaliatory employment discrimination—including workers’...
Larson's Spotlight
over 9 years ago
Workers' Compensation
Mental Injuries
Larson’s Spotlight on Recent Cases: Mental Injury Claim Related to Depression From Inability to Return to Work
Larson's Spotlight on Mental Injury, Termination of Employment, Substantial Certainty, and Going and Coming. Larson's surveys the latest case developments that you need to know about. Thomas A. Robinson, the staff writer for Larson's Workers'...
Larson's Spotlight
over 9 years ago
Workers' Compensation
Workers' Compensation Law Blog
Larson’s Spotlight on Recent Cases: Mental Injury Claim Related to Depression From Inability to Return to Work
Larson's Spotlight on Mental Injury, Termination of Employment, Substantial Certainty, and Going and Coming. Larson's surveys the latest case developments that you need to know about. Thomas A. Robinson, the staff writer for Larson's Workers'...
Jon Hyman
over 7 years ago
Labor and Employment Law
Labor and Employment Law Blog
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...
Robin Shea
over 9 years ago
Labor and Employment Law
Labor and Employment Law Blog
Four Reasons Your Employment Lawyer Thinks Firing Should Be a Last Resort
Last week's post about whether certain employees in the news deserved to be fired , in addition to generating some great comments from readers, got me thinking about firings in general. I don't like to fire people. And I know what you're...
Martha J. Zackin
over 10 years ago
Labor and Employment Law
Labor and Employment Law Blog
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...
Jon Hyman
over 7 years ago
Labor and Employment Law
Labor and Employment Law Blog
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...
John Holmquist
over 9 years ago
Labor and Employment Law
Labor and Employment Law Blog
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...
Donna Ballman
over 8 years ago
Labor and Employment Law
Labor and Employment Law Blog
Will The Reason For My Termination Turn Up In A Background Check?
A reader left this question in the comments to my post Loss Prevention is Lying to You . Hey Donna, would you know if for example LP fired a person from a company, would other companies that person applies for be able to see everything that happened...
Eric Meyer
over 9 years ago
Labor and Employment Law
Labor and Employment Law Blog
School-Bus Driver Calls Student "Little Bitch" on Facebook, Gets Fired, and Sues?!?
Of course she does. What does the Complaint say? And what can employers take away from it? In her Complaint (copy here ), the (former) school-bus driver claims that, after her shift ended, she privately messaged a student -- someone who never...
Jon Hyman
over 7 years ago
Labor and Employment Law
Labor and Employment Law Blog
For Want of a Well-Placed Pickle: Will Your Termination Pass the Red-Face Test?
Have you ever refused to eat at fast food sandwich because the pickles were off? Not “off” as in omitted, or “off” as in taste, but “off” as in alignment, or, these pickles are arranged in a triangle and not in a square...
Philip Miles
over 6 years ago
Labor and Employment Law
Labor and Employment Law Blog
"At Will" Employment vs. Right to Self-Defense
Today, in my employment law class, we cover the case of Weaver v. Harpster . The Supreme Court of Pennsylvania held that a woman could not sue her employer for sex discrimination/harassment [subscribers can access an enhanced version of this opinion:...
Keller and Heckman LLP
over 9 years ago
Labor and Employment Law
Labor and Employment Law Blog
Keller & Heckman: Wrongful Termination: Mixed Motives and Damages in California (Harris v. City of Santa Monica)
I. THERE ARE MOTIVATIONS AND THEN THERE ARE MOTIVATIONS The Supreme Court of California recently addressed a challenging issue associated with employee wrongful termination actions. The Supreme Court considered the situation where an employee establishes...
Lisa Stam
over 9 years ago
Labor and Employment Law
Labor and Employment Law Blog
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...
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