Organizational Exit items

  • Mississippi Federal Court: Fired Professor's Religious Speech Not Protected by First Amendment

    Date:
    03 April 2014

    A Mississippi federal court has ruled that a public university professor's religious speech to his students and colleagues was not protected from employer discipline or termination by the First Amendment because he spoke on his official capacity as a professor.

  • EEOC Files Claim Against CVS Over Separation Agreements

    Date:
    20 February 2014

    The EEOC alleges in a recently-filed lawsuit that CVS unlawfully violated employees' rights by conditioning the receipt of severance benefits on an "overly broad, misleading and unenforceable" separation agreement that could deter employees from filing discrimination charges or voluntarily communicating with the EEOC. Employers should continue to follow the development of this case as it will likely have an impact on employer separation agreements.

  • Ohio Federal Court Rules "Crying Spells" Formed Basis for FMLA Claim

    Date:
    26 November 2013

    An Ohio federal court ruled that "crying spells" were sufficient for an employee to take FMLA leave and found that the employer's dubious response to the leave may have violated the FMLA.

  • Inconsistent Reasons for Termination Could be Evidence of Discrimination

    Date:
    10 July 2013

    The Seventh Circuit Court of Appeals allowed a pregnancy discrimination case to go to trial because the employer offered multiple, inconsistent reasons for the employee's termination. The court's decision illustrates the importance of being mindful of the process of termination and ensuring that the reasons given for termination are accurate and consistent.

  • Connecticut Employers Will Be Subject to Heightened Recordkeeping Requirements

    Date:
    02 July 2013

    Starting October 1, 2013, Connecticut employers will be subject to various time-sensitive recordkeeping requirements due to recent amendments to the state's longstanding Personnel Files Act.

  • New Termination Pay Requirements Effective Soon in West Virginia

    Date:
    18 June 2013

    Employers in West Virginia must comply with important changes that have been made to the state termination pay law starting July 12, 2013.

  • New Exception to Employment At-Will in Oregon

    Date:
    15 March 2013

    The Supreme Court of Oregon created a new exception to the employment at-will doctrine, which may affect hiring and firing practices. Oregon employers should familiarize themselves with this decision and should immediately adjust their job offer, onboarding practices and termination decisions accordingly.

  • New Wyoming Law Excludes Accrued Vacation from Wages at Termination

    Date:
    07 March 2013

    Effective July 1, 2013, the value of accrued vacation leave is excluded from the definition of "wages" upon termination under certain circumstances.

  • Sequestration May Impact Federal Contractors

    Date:
    01 March 2013

    If Congress and the White House do not reach a deal on the sequestration,employers with federal contracts should be prepared to take immediate action to deal with drastic cuts in government spending that will result. Federal contractors should anticipate how the sequestration will directly affect their workplace with respect to complying with Worker Adjustment and Retraining Notification (WARN) Act, wage and hour requirements, benefits and immigration status as well as unions and collective bargaining agreement issues. Employers should also expect possible lawsuits from workers laid off due to spending cuts.

  • Rising Retaliation Claims Reveal Need for Improved Employer Termination Procedures

    Date:
    12 February 2013

    Given the consistent increase in the number of retaliation claims brought by employees, employers may be left wondering what they can do to reduce or prevent retaliation claims. There are many tools at the employer's disposal to properly handle complaints of unethical, wasteful or illegal practices in the workplace and many steps employers can take to identify problematic employees before they proceed with retaliation claims.

About this category

News: Guidance for HR on understanding and complying with federal and state law regarding legal and fair employee terminations.