After an employee’s termination, employers are often confronted with the difficult task of deciding what to communicate and to whom. Should a companywide e-mail be sent to ensure morale and quiet rumors? What if a former...
Employment Law Letter
Can a business terminate an employee for claiming its operations are somehow illegal or against public policy? For example, can an employer discharge an employee for complaining the business’s refusal to use electric...
Q: What is an employer’s obligation to pay an employee who has to miss work because of a subpoena that isn’t job-related? Is it similar to jury duty leave? A subpoena is a command to appear at a certain time and place to...
Q: Are we required to provide American Sign Language (ASL) or English-language interpreters for candidates in job interviews? If so, who pays? Yes, the Americans with Disabilities Act (ADA) requires employers to provide...
Most Oklahoma employers are familiar with the fact that the state has one of the strictest laws in the nation pertaining to noncompete agreements between employers and employees. But what about noncompetition or...
On February 21, 2023, the National Labor Relations Board (NLRB) issued its decision in McLaren Macomb, ruling that severance agreements containing broad confidentiality or nondisparagement provisions prohibiting...
Q: We have an employee who had elective weight loss surgery without complications and is off work for two weeks to recover. Does the Family and Medical Leave Act (FMLA) apply? The FMLA’s definition of a serious health...
As we previously reported, a Wal-Mart store in Statesville was sued by the U.S. Equal Employment Opportunity Commission (EEOC) on March 27 for an alleged violation of the Americans with Disabilities Act (ADA) based on...
The U.S. Equal Employment Opportunity Commission (EEOC) not only investigates charges of discrimination but also sometimes files lawsuits to enforce the laws it oversees. EEOC lawsuits are a matter of public record, as...
The U.S. Equal Employment Opportunity Commission (EEOC) has struck again, this time with a lawsuit claiming a North Carolina-based chain of Subway franchises subjected employees to a hostile work environment, discharged...
On March 28, 2023, in a published decision in Gold Tree Spa, Inc., v. PD Nail Corp., the New Jersey Appellate Division extended the New Jersey Supreme Court’s seminal decision in Willingboro Mall, Ltd. v. 240/242...
On March 29, 2023, the New Jersey Appellate Division affirmed an employer’s win after a former employee claimed he was fired because of his age and disability. The court ruled that when an employee offers no evidence of...
A worker sued her former employer for wrongful termination in violation of the New Jersey Law Against Discrimination (NJLAD), claiming the employer’s conduct subjected her to severe emotional distress. On March 16, 2023...
The U.S. 8th Circuit Court of Appeals (whose rulings cover Arkansas, Iowa, Minnesota, Missouri, Nebraska, North Dakota, and South Dakota employers) recently issued a decision in a case from Nebraska, which highlighted...
For a number of years, there have been several proposals in the Nebraska Legislature to require private employers to provide paid parental leave, none of which have gotten any traction to date. On April 10, 2023, however...