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Supreme Court Upholds Claim Alleging Employer Fired Man in Retaliation for Fiancée’s EEOC Charge; Avoids Setting “Bright Line” Rule — Part II, Assessing Thompson Decision’s Significance

Written on 11 Feb, 2011 at 11:55

This week, we analyze the Supreme Court's third-party retaliation decision in Thompson and its ramifications. With perspectives from legal professionals, including this Blawg's Owner George Lenard, we assess views of the Supreme Court, third-party retaliation claims, and... (Continue reading)

Supreme Court Upholds Claim Alleging Employer Fired Man in Retaliation for Fiancée’s EEOC Charge; Avoids Setting “Bright Line” Rule — Part I, the Decision

Written on 31 Jan, 2011 at 5:00

The Supreme Court held that under some circumstances a friend or relative of an employee who complained of discrimination may pursue a claim that they suffered retaliation because of that complaint -- despite not having been the one who made... (Continue reading)

Court Upholds Nonrenewal of Teacher Contract Over MySpace Activity

Written on 11 Nov, 2008 at 22:29

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, this is a novel legal issue, and as... (Continue reading)

Judge Gives NASA Lesson on Background Checks

Written on 17 Jan, 2008 at 0:38

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... (Continue reading)

High-Tech, Impersonal Firings Not Good Idea

Written on 17 Sep, 2006 at 22:19

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... (Continue reading)

Five Mistakes To Avoid When Terminating Employees

Written on 2 May, 2006 at 9:02

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... (Continue reading)

Wal-Mart Wins — Racially Offensive Comments Insufficient to Make Terminated Employee’s Case

Written on 26 Apr, 2006 at 23:18

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... (Continue reading)

Perverse Economic Impact of Laws Inhibiting Employment Termination: French Government “Gets It”; French Protesters Don’t

Written on 19 Mar, 2006 at 23:29

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... (Continue reading)

New Development on Employment Termination for Guns in Company Parking Lots

Written on 15 Mar, 2006 at 10:37

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... (Continue reading)