Termination
Court Upholds Nonrenewal of Teacher Contract Over MySpace Activity
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Background
I have frequently written and spoken on legal issues relating to the use in employment decisions of applicant and employee Internet activity such as blogging and using social network sites. However, [...]
Judge Gives NASA Lesson on Background Checks
NASA scientists, engineers, and administrative support personnel believed newly- implemented background checks were unlawful, claiming NASA lacked authority to implement them and was invading personal privacy. After unsuccessfully seeking injunction in federal district court, they ultimately prevailed when Ninth Circuit U.S. Court of Appeals reversed, ordering district court to grant injunction prohibiting implementation of new procedures. Although directly applicable to public sector employment, case is useful reminder of importance of keeping background checks and interview questions relevant and focused.
High-Tech, Impersonal Firings Not Good Idea
A recent Christian Science Monitor Work & Money piece discusses how to communicate bad news regarding termination or layoff.
Specifically, the topic is the notion that “impersonal ‘cyber-firings’ via e-mail – even text message – have become an expedient way to lay employees off.”
The article leads with an employee who got the news by [...]
Five Mistakes To Avoid When Terminating Employees
Years of practicing employment law have taught me that although sometimes absolutely necessary from a business perspective, termination is the employment decision most likely to lead to litigation.
I have also learned the hard way that management often makes mistakes in terminations that make the defense of termination claims much more difficult.
A recent article points [...]
Wal-Mart Wins — Racially Offensive Comments Insufficient to Make Terminated Employee’s Case
Were we just talking about Wal-Mart? This much-criticized company is such a frequent employment case defendant that I could probably teach a course in employment law using only Wal-Mart cases! (Of course, I’m not suggesting that the Giant of Bentonville actually violates employment laws, just that it has to defend a wide [...]
Perverse Economic Impact of Laws Inhibiting Employment Termination: French Government “Gets It”; French Protesters Don’t
Today, some thoughts on employment policy and economics inspired by these recent developments in France:
PARIS (Reuters) – Huge crowds of students, trade unionists and left-wing politicians took to the streets across France on Saturday to press the conservative government to scrap a new law they fear will erode job security for young workers.
The protesters demanded [...]
New Development on Employment Termination for Guns in Company Parking Lots
Last month, affirming a district court ruling, the Tenth Circuit ruled against a group of employees challenging their employment termination for possessing firearms in their cars on their employer’s parking lot.
The court considered — and rejected — the following arguments by the terminated employees:
