Searching Content indexed under Unfair/ Wrongful Dismissal by Ogletree, Deakins, Nash, Smoak & Stewart ordered by Published Date Descending.
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Ohio Supreme Court Restricts Wrongful-Discharge Claims By Probationary Public Employees
This decision is of practical significance for Ohio public employers for several reasons.
United States
30 Sep 2019
EEOC's Proposed Changes May Lead To Increased Charge Activity And Subsequent Litigation
On February 22, 2019, the U.S. Equal Employment Opportunity Commission (EEOC) issued a notice of proposed rulemaking (NPRM) to update and amend procedural regulations to fully digitize the EEOC's
United States
27 Mar 2019
Tips For Dismissing An Employee In The Netherlands
The Netherlands is one of the few places in the world where dismissing an employee requires prior authorization from the government (unless it is done summarily for urgent cause).
United States
26 Mar 2019
Is Paris Burning? France Considers Whether Damages For Employee Dismissals Should Be Capped
The latest version of Article L. 1235-3 of the French Labor Code, based on the "Macron Ordinances," has recently been the subject of major dispute, with several labor tribunals issuing conflicting decisions
8 Feb 2019
Joint-Employer Extension (Beltway Buzz, December 14, 2018)
Joint-Employer Extension. This week the National Labor Relations Board (NLRB) further extended the deadline for submission of comments in response to its proposed joint-employer rulemaking.
United States
19 Dec 2018
Employment And Immigration Update (July 2018)
The Employment Appeal Tribunal (EAT) has overturned an initial unfair dismissal ruling of the Employment Tribunal (ET). Quintiles Commercial UK Ltd, a pharmaceutical agency, was found to be within its rights...
9 Jul 2018
Louisiana Court Clarifies Prescriptive Period Under State Employment Discrimination Law
The Louisiana First Circuit Court of Appeal recently ruled that the statute of limitations under Louisiana's anti-discrimination law is only tolled during the pendency of an administrative or investigative review, not to exceed 18 months.
United States
3 May 2018
The Supreme Court Upholds A Decision That A Head Teacher's Failure To Disclose A Relationship Justified Dismissal
On 14 March 2018, in the case of Reilly v Sandwell MBC, the Supreme Court held that a school was entitled to dismiss a head teacher who failed to disclose her close relationship with a convicted sex offender.
9 Apr 2018
Maternity Rights And Termination Protection At Fore Of Review Of Employment Laws
Papua New Guinea's (PNG) Labour and Industrial Relations Secretary has announced a review of the Employment Act Chapter 373 with a particular emphasis ...
Papua New Guinea
4 Apr 2018
New Ordinances Bring In President Macron's Reforms
French labor law has been thoroughly reformed by five new ordinances, delivering on the campaign promises of French President Emmanuel Macron.
26 Mar 2018
Honesty Is The Best Policy - Employment Tribunal Wrong To Reject Wrongful Constructive Dismissal Claim
On 1 December 2014, Mr Rawlinson started work as in-house legal counsel for Brightside Group Ltd, a firm of insurance brokers.
United States
28 Dec 2017
Minnesota Supreme Court Kills Employment At Will
On October 11, 2017, the Minnesota Supreme Court issued a decision in Burt v. Rackner, Inc., No. A15-2045, that may have effectively abrogated the long-standing rule of "employment at will" in Minnesota.
United States
31 Oct 2017
France's Employment Reforms To Go Into Effect In September
As President Emmanuel Macron had promised, major employment reforms are under way in France and the related ordinances have been published on August 31, 2017, after ...
31 Aug 2017
Improper HIPAA Disclosure Results in Termination and Legal Dispute
The Kentucky Court of Appeals recently held that a hospital acted lawfully in terminating the employment of a nurse for violating the Health Insurance Portability and Accountability Act of 1996 (HIPAA).
United States
29 Aug 2017
What the New French President Means for Employers
Emmanuel Macron views liberalizing French employment law as a priority. To achieve that effect, he plans to amplify the actions initiated in 2015 (the Rebsamen and Macron laws) and in 2016 (the El Khomri law).
12 May 2017
New Jersey Bills To Provide Employment Protections For Medical Marijuana Patients Introduced
On January 18, 2010, the New Jersey Compassionate Use Medical Marijuana Act (NJCUMMA) was signed into law.
United States
5 Apr 2017
ADA And FMLA Claims Fail For Call Center Employee Who Dropped Calls
In a published opinion, the Tenth Circuit Court of Appeals recently ruled that the Americans with Disabilities Act (ADA) and the Family and Medical Leave Act (FMLA) do not require employers...
United States
16 Mar 2017
Tenth Circuit Upholds Discharge Of Employee In Safety-Sensitive Position Who Tested Positive For Cocaine
The Unified Government of Wyandotte County, Kansas, employs random drug testing for those in safety-sensitive positions.
United States
1 Mar 2017
Employee Terminated After Failing Random, Post-Treatment Alcohol Test States Discrimination Claim, New Jersey Appellate Division Holds
In A.D.P. v. ExxonMobil Research and Engineering Co., the New Jersey Appellate Division ruled that the trial court erred in dismissing a lawsuit brought by an alcoholic who, despite her satisfactory job performance, was terminated after a random alcohol test revealed that she consumed alcohol.
United States
31 Dec 2012
Court Of Appeal Relies On "Motivating Factor" As Standard Of Causation In FEHA Case
In Alamo, a former employee who was fired upon her return from maternity leave brought a lawsuit for pregnancy discrimination in violation of the California Fair Employment and Housing Act (FEHA) and wrongful termination in violation of public policy.
United States
22 Nov 2012
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