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Terminations

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8th Circuit rules on preemption

11/14/2017
The 8th Circuit Court of Appeals has ruled that a state’s employment laws barring discharge for whistleblowing isn’t preempted by the Airline Deregulation Act.

Court rules teacher tenure protections aren’t subject to judicial review

11/07/2017
A Minnesota appeals court has dismissed a lawsuit that challenged a state law providing teachers with tenure protection. A group of parents had claimed that the law violated their children’s rights to an education because tenure made it difficult to get rid of ineffective teachers.

Feel free to terminate if you find wrongdoing while employee is out on FMLA leave

10/25/2017
Employees out on FMLA leave don’t enjoy more job protection than employees who don’t take leave. As long as an employer doesn’t terminate because an employee took FMLA leave, it’s perfectly lawful to fire someone during leave.

Intended workers’ comp bid stops at-will firing

10/18/2017
In Pennsylvania, employment is presumed to be at-will, meaning employers can terminate workers for any legal reason or no reason at all. There is one exception, however. The so-called public policy exception provides protection from termination if an employee files a workers’ compensation claim.

Eden Prairie, Minn. firm settles wrongful termination suits

09/26/2017
Starkey Laboratories, an Eden Prairie, Minnesota maker of hearing aids, has settled two wrongful termination lawsuits that followed the sacking of several top executives two years ago.

Are you obligated to investigate before firing? For at-will employees, you have discretion

09/12/2017
What kind of investigation, if any, is required before an employer can fire a worker for what it believes is some kind of misconduct?

Beware the perils of firing because of political speech

09/07/2017
Recent incidents have raised questions about how private employers handle employees with unpopular political views and what legal hurdles they may face.

Date of firing notice–not last day of work–determines when discrimination occurred

09/07/2017
An employee who believes she has been fired for discriminatory reasons has the right to sue her employer as soon as she receives a termination notice. That’s true even if the termination isn’t yet effective.

Beware trumped up reasons for firing

09/07/2017
Sometimes, it is up to HR to stop bosses from doing the wrong thing—for example, when he is frustrated because he has to accommodate a disabled worker’s medical restrictions. If the supervisor comes up with an obviously implausible reason to fire the worker, expect trouble.

Beware discipline right after employee files lawsuit

08/30/2017
If an employee sues her employer and suddenly faces increased scrutiny, she may argue that she’s being retaliated against. She would have an even stronger case if the employer was singling her out for extra scrutiny.
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