Termination

URGENT CA: New Employee Protections Against Retaliation

California, Employment Law & HR Topics, State & Federal Employment Law Updates, Termination / By

Senate Bill 497 (SB 497) heralds a significant shift in California’s employment law landscape, particularly concerning retaliation against employees for engaging in protected activities. This groundbreaking legislation introduces pivotal changes aimed at fortifying employee rights and imposing stricter penalties on non-compliant employers. Let’s delve into the core provisions of SB 497 and explore its implications …

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Monthly Compliance Calendar Alert – Keep Your Company Compliant in July: Termination, Corrective or Disciplinary Action, and Off-boarding Process

Employee Management, Employment Law & HR Topics, State & Federal Employment Law Updates, Termination / By

[et_pb_section fb_built=”1″ _builder_version=”3.22″][et_pb_row _builder_version=”3.25″ background_size=”initial” background_position=”top_left” background_repeat=”repeat”][et_pb_column type=”4_4″ _builder_version=”3.25″ custom_padding=”|||” custom_padding__hover=”|||”][et_pb_text _builder_version=”4.9.3″ background_size=”initial” background_position=”top_left” background_repeat=”repeat” hover_enabled=”0″ sticky_enabled=”0″]If you are in HR, you’re no stranger to compliance management, forms, and deadlines—though keeping them all in order may be a different story. We want to be sure you are equipped with the right information to keep everything …

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RECAP: Employers That Drug-Test Employees Post-Accident: New OSHA Rule Effective Jan. 1, 2017

Employment Law & HR Topics, Forms and Policies, Termination / By

The Occupational Safety and Health Administration (“OSHA”) joined the several other divisions of the Department of Labor in publishing regulations that prohibit or severely restrict employment policies that have been in place – and legal – for years. In May 2016, OSHA published a new rule addressing retaliatory conduct and electronic reporting of occupational injuries …

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An FMLA Primer: Notice and Communication Under FMLA

Employment Law & HR Topics, Leaves of Absence, Termination / By

The Family and Medical Leave Act (FMLA) is one of the more difficult laws for employer compliance. The regulations are long and convoluted and filled with traps for employers. The record keeping is a headache. The breadth of coverage creates opportunities for abuse by employees skilled at gaming the attendance system. And now, in a …

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Safety First: How to Keep the Workplace and Your Employees Safe

Discrimination & Harassment, Employee Management, Employment Law & HR Topics, Hiring, Safety, Termination / By

If you have any exposure to the daily news or, in some places, just look out your window, you can find more than ample proof that the world is a scary place. Life can be dangerous and difficult, and everyone is constantly looking for ways to minimize their risk. Recent Shooting Sparks Concern Sometimes our …

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Excellent Example of How NOT to Handle ADA Matters

Discrimination & Harassment, Employee Benefits, Employment Law & HR Topics, Termination / By

An alcoholic employee disclosed his dependency issues to his employer. After completing treatment, the employee was terminated. Add suspected associational discrimination to the mix, and the employer finds itself in hot water over alleged Americans with Disabilities Act (ADA) violations. Employer Pins Rate Hike on Employee’s Daughter In February 1982, Damon Adams began working at …

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Court Restores Unemployment for Worker Who Didn’t Return From Leave

Employment Law & HR Topics, Leaves of Absence, Termination / By

While this is a Tennessee case, it is highly advisable to check your local state requirements as they likely are very similar. Under Tennessee law, a former employee isn’t eligible for unemployment benefits if she left her most recent job voluntarily without good cause connected to her work. However, the law creates an exception to that …

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7th Circuit Issues Guidance to Employers Facing ADA “Regarded As” Claims

Discrimination & Harassment, Employment Law & HR Topics, Termination / By

A recent case decided by the U.S. 7th Circuit Court of Appeals provides helpful guidance for addressing “regarded as” disabled claims brought under the Americans with Disabilities Act (ADA). In defending its adverse actions against the employee, the employer rejected his claim that it regarded him as disabled because his impairment was both “transitory” and …

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Was the Firing of a Warehouse Worker Really Because He Stole Candy (Pretext) or Did the Company Want to Shed an Older Employee?

Discrimination & Harassment, Employment Law & HR Topics, Forms and Policies, Termination / By

Tomas Alarcon, 59, alleged that Professional Plastics Inc., fired him because of his age and tried to cover it up by claiming that the basis for his termination was stolen candy. Alarcon worked for nine years in the shipping department and admitted that he took a small box of candy from a communal table where …

Was the Firing of a Warehouse Worker Really Because He Stole Candy (Pretext) or Did the Company Want to Shed an Older Employee? Read More »

California Employer LAWlert: FAILURE TO RETURN FROM A LEAVE OF ABSENCE- Don’t Be Quick to Terminate

California, Discrimination & Harassment, Employment Law & HR Topics, Leaves of Absence, State & Federal Employment Law Updates, Termination / By

Although the following case involves a California employer and California’s version of the ADA, this Alert is relevant to companies nationwide who are subject to the ADA and state equivalents. In Sanchez v. Swissport Inc., employee Sanchez, alleged that she was discriminated against in violation of California’s Fair Employment and Housing Act (FEHA).  FEHA is …

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