Author: Damian A. Myers, Associate, Proskauer Rose LLP

termination

COBRA: Gross Misconduct Determinations Aren’t Always a Piece of Cake

A recent court opinion from the 9th Circuit U.S. Court of Appeals—which covers Alaska, Arizona, California, Hawaii, Idaho, Montana, Nevada, Oregon, and Washington—highlights the perils of not offering Consolidated Omnibus Budget Reconciliation Act (COBRA) coverage to a former employee on the basis that the employee was terminated due to gross misconduct.

Mississippi

Mississippi Employer’s Inconsistent Discipline Warrants Jury Trial on ADA, ADEA Claims

A federal trial court in Aberdeen, Mississippi, recently declined to dismiss an employee’s wrongful termination claims under the Age Discrimination in Employment Act (ADEA) and the Americans with Disabilities Act (ADA). The court found the employer’s distinction between the conduct of the terminated employee and similar misconduct by a younger nondisabled employee who wasn’t terminated […]

immigration

Immigration Week in Review: ‘Buy American, Hire American,’ I-9 Form Errors, and an H-1B’s Nest of News

April showers bring May flowers, tax returns, and … immigration enforcement policy? Apparently, it’s true—just as spring finally began springing throughout those colder parts of the country, immigration news also began popping up from the federal agencies like a less colorful bouquet of crocuses, daffodils, and tulips.

Feedback

Why and How to Develop the Right Feedback Mindset

Faced with the challenge of satisfying a more demanding employee population, managers will be responsible for using this technology to infuse the workplace with a greater feedback culture. Why is feedback important for managers?

Friday Funday: HR Rebus Puzzle

A rebus is an allusional device that uses pictures to represent words or parts of words. Can you guess what HR term this rebus depicts? If you get stuck, click the “See Answer” button below. P.S. If you want to go back, you can always click “Back to Puzzle” button to the right. See Answer […]

culture

Why Hiring for Cultural Fit Is Critical (And How to Do It)

When most HR professionals think of the ideal candidate, they think of someone whose skills and experience match perfectly with a job description. It’s hard to imagine this candidate struggling in the workplace, but it happens all the time. Why? Because companies often fail to look beyond a résumé to consider cultural fit.

Kentucky

Manager Claims Disability Bias after Employer Requires Psychological Evaluation

The U.S. 6th Circuit Court of Appeals—which covers Kentucky, Michigan, Ohio, and Tennessee—recently heard from a former Home Depot manager, claiming that he was discriminated against based on a “perceived” disability. The manager claims he was put on medical leave and required to undergo a psychological evaluation. The manager had made “threatening remarks” that could […]

Listening

Can You Hear Me Now? Good! How to Listen in the Workplace

Whether you are an entry-level account executive or the CEO of your firm, one of the most important skills necessary to thrive in the workplace, is to be a good listener. But what does it mean to be a “good” listener and how can you use this skill to excel on the job?