A departing employee was accused of deleting her employer’s valuable computer files and responded by filing a malicious prosecution claim against her erstwhile employer. The court determined the lawsuit was prohibited...
Employment Law Letter
Disability-related claims can take many forms, under many statutes. Here, a National Aeronautics and Space Administration (NASA) scientist claims he was both harassed and discriminatorily denied a promotion because of...
Many companies, especially in the technology sphere, will provide their employees with options to buy stock at a predetermined exercise price. This is an opportunity to grow with the company and eventually sell the...
In a recent U.S. Supreme Court decision, there was no question that the complaining employee was moved out of her position because of her gender, but she suffered no loss of pay or rank. So the Court had to determine...
Litigation, even of the smallest employment claims, is costly. Fee-shifting statutes minimize the risk for attorneys to represent employees in filing wage and hour suits against employers. A recent decision recognized...
Institutions around the country are in turmoil, subject to loud clamoring about events in the Middle East. Many members of their communities are making claims of anti-Semitism, while there are counterclaims of...
Q We loaned an at-will employee money as an advance, and they signed a repayment agreement that said if their employment ended before the loan was fully repaid, the remaining balance would be deducted from their final...
A recent survey of U.S. employers found that 45% plan to cut out their bachelor’s degree requirements for some positions during 2024. That survey also found 55% of companies had removed degree requirements during 2023...
May 01, 2024 · Employment Law Letter
· New York
· Great Lakes
· Illinois
· Indiana
· Michigan
· Ohio
· Wisconsin
· Mid-Atlantic
· Delaware
· Maryland
· New Jersey
· Pennsylvania
· Virginia
· Midsouth
· Kentucky
· North Carolina
· South Carolina
· Tennessee
· West Virginia
· Midwest
· Arkansas
· Kansas
· Missouri
· Oklahoma
· Mountain West
· Colorado
· Idaho
· Montana
· New Mexico
· Utah
· Wyoming
· New England
· Connecticut
· Maine
· Massachusetts
· New Hampshire
· Rhode Island
· Vermont
· Southeast
· Alabama
· Florida
· Georgia
· Louisiana
· Mississippi
· Upper Midwest
· Iowa
· Minnesota
· Nebraska
· North Dakota
· South Dakota
· West
· Alaska
· Arizona
· Hawaii
· Nevada
· Oregon
· Washington
Not so long ago, the adage “seeing is believing” could be trusted, but those days are gone. Armed with always-advancing technology, bad actors are now able to create extraordinarily convincing images, videos, audios, and...
May 01, 2024 · Employment Law Letter
· California
· New York
· Texas
· Great Lakes
· Illinois
· Indiana
· Michigan
· Ohio
· Wisconsin
· Mid-Atlantic
· Delaware
· Maryland
· New Jersey
· Pennsylvania
· Virginia
· Midsouth
· Kentucky
· North Carolina
· South Carolina
· Tennessee
· West Virginia
· Midwest
· Arkansas
· Kansas
· Missouri
· Oklahoma
· Mountain West
· Colorado
· Idaho
· Montana
· New Mexico
· Utah
· Wyoming
· New England
· Connecticut
· Maine
· Massachusetts
· New Hampshire
· Rhode Island
· Vermont
· Southeast
· Alabama
· Florida
· Georgia
· Louisiana
· Mississippi
· Upper Midwest
· Iowa
· Minnesota
· Nebraska
· North Dakota
· South Dakota
· West
· Alaska
· Arizona
· Hawaii
· Nevada
· Oregon
· Washington
Q We have an employee whose essential functions require the use of their hands. They have requested an accommodation, and their physician has recommended a few weeks of time off until specific medical restrictions can be...
Workplace romances and relationships are common—no doubt because of how much time employees spend at work. Employers must be prepared to handle romantic relationships in the workplace and have the tools in place to...
May 01, 2024 · Employment Law Letter
· Great Lakes
· Illinois
· Indiana
· Michigan
· Ohio
· Wisconsin
· Mid-Atlantic
· Delaware
· Maryland
· New Jersey
· Pennsylvania
· Virginia
· Midsouth
· Kentucky
· North Carolina
· South Carolina
· Tennessee
· West Virginia
· Mountain West
· Colorado
· Idaho
· Montana
· New Mexico
· Utah
· Wyoming
· West
· Alaska
· Arizona
· Hawaii
· Nevada
· Oregon
· Washington
Can an employer’s diversity, equity, and inclusion (DEI) program create liability for the discriminatory harassment of white employees? The U.S. 10th Circuit Court of Appeals (whose rulings apply to employers in Wyoming...
Q We have an employee whose essential functions require the use of their hands. They have requested an accommodation, and their physician has recommended time off until specific medical restrictions can be determined...
The Department of Labor (DOL) recently updated guidance regarding enforcement of the Family and Medical Leave Act (FMLA), and the updates will affect all employers. Let’s take another look. FMLA fact sheets First, the...
May 01, 2024 · Employment Law Letter
· California
· New York
· Texas
· Great Lakes
· Illinois
· Indiana
· Michigan
· Ohio
· Wisconsin
· Mid-Atlantic
· Delaware
· Maryland
· New Jersey
· Pennsylvania
· Virginia
· Midwest
· Arkansas
· Kansas
· Missouri
· Oklahoma
· Mountain West
· Colorado
· Idaho
· Montana
· New Mexico
· Utah
· Wyoming
· Southeast
· Alabama
· Florida
· Georgia
· Louisiana
· Mississippi
· Upper Midwest
· Iowa
· Minnesota
· Nebraska
· North Dakota
· South Dakota
· West
· Alaska
· Arizona
· Hawaii
· Nevada
· Oregon
· Washington
A recent decision by the Texas Supreme Court provides a valuable lesson for employers on how to draft employee discipline. Let’s start by examining law theory and then move on to look at how to put theory into practice...