Performance Standards

  •  

    There is no federal law that obligates employers to adopt or follow any specific disciplinary process. In the vast majority of states, the default rule is that employment is at will, which means that the employer or the employee can terminate the employment relationship at any time and for any reason (or no reason) unless a law or agreement...

    Hot Topic
  •  

    There is an ongoing debate about whether employment decisions should be based on objective or subjective factors. Some advocate for the exclusive consideration of objective criteria. These decisions are based on verifiable information or empirical data. Comparisons are made by reviewing mathematically quantifiable information. The consideration of...
  •  

    Q We want to terminate an employee for performance issues. However, once he realized he was in trouble performance-wise, he began complaining internally about state contract violations. We recently had a site visit investigation from the state, and we suspect the employee anonymously complained. Can we still terminate his employment, or will he...
  •  

    The 6th Circuit recently held that an employee could proceed to trial on his age discrimination and retaliation claims because his former employer gave one reason when it notified him of his termination and a different one after he began challenging the decision. The court also discredited the employer's assertion that a younger employee didn't "...
  •  

    Employment litigation can be a long and difficult process, especially when you're faced with defending a discharge decision. Anytime you make such a decision, you want to place yourself in the best possible position to defend it. This article focuses on some steps you can take to place yourself in the best position possible. Having a legitimate...
  •  

    An at-will employee can be fired for any reason as long as the reason doesn't violate a statute or North Carolina public policy. The North Carolina Court of Appeals recently decided that the firing of a small town police chief violated public policy. As a result, the court upheld a jury award of $100,000. Background Timothy Blakeley was hired...
  •  

    The 6th Circuit recently held that even an employment action initially requested by an employee can constitute an "adverse employment action" if the employee could demonstrate an "objective intolerability" with regard to some aspect of the terms and conditions of the job. Facts Robert DeLeon worked as an area superintendent for the Kalamazoo...
  •  

    Written company policies, notice to employees about the policies, and warnings for violations continue to be crucial in appeals of unemployment benefits denials. Employee's termination Linda Vlieger worked at Fairmont Orthopedics and Sports Medicine as a collection specialist from approximately April 2012 until her termination on November 26,...
  •  

    The New Mexico Court of Appeals recently upheld a decision by a Doña Ana County district court to dismiss employees' claims of religious discrimination and retaliatory discharge. While the allegations in the case would constitute a meritorious claim if established, the employees' failure to follow correct administrative procedures in...
  •  

    An employer failed to forward the short-term disability (STD) premium it deducted from an employee's paycheck to the insurance company. When the employee filed for STD benefits after she was fired, the insurance company denied her claim. She sued, but the employer escaped liability under the Employee Retirement Income Security Act (ERISA) because...
Syndicate content