Evidence

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    According to a report released by the Substance Abuse and Mental Health Services Administration, 8 percent — about one in 12 — full-time workers ages 18 to 64 used illegal drugs in the past month. The study, from the 2011 National Surveys on Drug Use and Health, uncovers an important finding for business owners, showing that...

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    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...

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    In the preceding article, we reported on a case in which the court found an employee's evidence wasn't sufficient to support a claim of reverse race discrimination. But in this case, a federal court rejected an employer's request to dismiss a reverse discrimination lawsuit, finding the facts alleged by the employee properly asserted a plausible...
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    A former employee's lawsuit recently survived a motion to dismiss because the employer's positive statements about her during interviews called into question its reasons for firing her. Alleged discrimination In February 2011, Valarie Coates applied for a senior management position at Cooper Health System (CHS). After interviewing her three...
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    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...
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    An employee recently lost a retaliatory discharge lawsuit because he couldn't prove the decision maker knew he had made complaints about discriminatory workplace comments. This case has been in the courts for a while. In fact, the U.S. 6th Circuit Court of Appeals (whose rulings apply to all Kentucky employers) sent the employee's retaliation...
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    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...
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    On April 15, 2014, the Missouri Supreme Court issued a decision that significantly lowers the burden of proof for claims of workers' compensation retaliation under Section 287.780 of the Missouri Statutes. To prevail on a claim under the previous standard, an employee was required to prove that filing a workers' comp claim was the "exclusive"...
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    Computer-systems salesman Frank Woodward lost his job when his employer determined that slow sales to his number-one client made the size of the sales team unjustifiable. When he filed a lawsuit for age discrimination, the court shut down his attempts to get information about most of his former employer's officers and managers, and eventually...
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    Employers would like to think that the at-will-employment doctrine and your freedom to exercise business judgment provide insulation from discriminatory discharge lawsuits. The reality, however, is that discriminatory discharge suits — even ones in which the discharge was for cause — can survive a request for dismissal and head to trial...
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