Topic: firing

In California, Pregnancy Leave May Be Longer Than You Think…

California employers take note: the state’s Pregnancy Disability Leave Law provides up to four months of leave, but that doesn’t mean you shouldn’t give pregnant employees more time if they need it. That’s what the state’s Court of Appeal ruled in Sanchez v. Swissport. The background, from Andrew Satenberg and Jessica Rosen of law firm… Read more »

Employers Must Update Background Check FCRA Forms by January 1, 2013

Businesses that use consumer credit reports and background checks to evaluate candidates and employees must begin using the Consumer Financial Protection Bureau’s new Summary of Rights form by January 1, 2013. The Fair Credit Reporting Act (FCRA) requires employers both to disclose their intent to request consumer reports, and to obtain authorization for doing so.… Read more »

Employer Violated NLRA When Terminating Employee for Harassment

The National Labor Relations Board has found the termination of an employee who violated his employer’s harassment policy to be unlawful. Neil Goldsmith and Chris Johlie (from law firm Franczek Radelet) provide background: “… the employer was in the midst of a decertification campaign when several female employees lodged a written complaint over vulgar, harassing… Read more »

Written Any Severance Checks Lately? You May Be Entitled to a Tax Refund

Employers in Kentucky, Michigan, Ohio, and Tennessee who have withheld FICA tax on severance payments made in connection with layoffs or plant closings might be getting some money back from the IRS. Law firm McDermott Will & Emery: “The U.S. Court of Appeals for the Sixth Circuit recently held that certain dismissal payments were Supplemental… Read more »

Workplace Discrimination Lawsuits: A Look Into The Future

Employers take note: the landscape of employee discrimination litigation is changing. That’s the message of a recent update from law firm Spilman Thomas & Battle: “For employment lawyers, the elements of an employment discrimination lawsuit are second nature: a plaintiff must belong to a protected class, the employer must make an adverse employment decision, and… Read more »

NLRB Publishes Web Page to Define “Protected Concerted Activity”

Less than a month after releasing a third report on social media activity in the workplace, the National Labor Relations Board published a new website to help workers understand, through specific examples, employee rights to engage in protected concerted activity. (Jump to the page here.) For employers, three takeaways: 1. Union and non-union employers alike… Read more »

Most Popular Small Business Posts – Mar 2012

What’s on your mind? Employee theft, internships, social media, business funding, healthcare reform, and a range of other small business-related legal topics. For your (re)reading pleasure, here’s a look at the most-read Small Business Support posts over the past month: 1. Employee Theft: What Are People Stealing on the Job? “No, it isn’t a headline… Read more »

3 Things You Have To Do When Terminating an Employee for Theft

If the fear of employees stealing from your business keeps you awake at night, you’re probably not alone: experts estimate that employee theft costs employers billions each year. When it happens, here are three things you must do, from labor & employment lawyers on JD Supra: 1.Keep your cool: “The responsible employer should not permit… Read more »

Fired While on FMLA Medical Leave? It Can Happen…

The Family Medical Leave Act (FMLA), enacted in 1993, provides employees with unpaid leave for qualified medical and family reasons. The Act prohibits employers from firing workers who take leave for valid reasons. But there’s a thin line between authorized and unauthorized use of family medical leave, and dismissing employees for crossing it can leave employers… Read more »