Practical HR Tips, News & Advice. Updated Daily.
Terminations are complex, often triggering emotional, legal, and administrative challenges for employees and employers. When post-termination questions go unanswered or lack clarity, the offboarding process can become unnecessarily lengthy and contentious, which in turn can lead to increased legal costs for both parties. When employee’s counsel doesn’t have access to the employee handbook or the […]
A recent case from the Texas Supreme Court circumscribed the definition of “disability” in the Texas Labor Code Section 21.002(6). Argument Sheri Kowalski worked as the director of finance at a hospital in Dallas. She was terminated in a reduction in force (RIF) but claimed the true reason for her termination was her disability. Kowalski […]
Employers frequently use lead persons who aren’t supervisors with the authority to fire employees. However, problems can arise when employees believe such leads can fire them. A recent case before the Arkansas Court of Appeals illustrates this problem. Background In an unbriefed appeal to the court of appeals, Erin Daniels challenged the Arkansas Board of […]
The National Labor Relations Board (NLRB) continues to move the needle on its interpretation of the National Labor Relations Act (NLRA) in favor of unions. For example, in Memorandum GC 23-02 entitled “Electronic Monitoring and Algorithmic Management of Employees Interfering with the Exercise of Section 7 Rights,” General Counsel Abruzzo outlined a new framework for […]
A worker sued her former employer for wrongful termination in violation of the New Jersey Law Against Discrimination (NJLAD), claiming the employer’s conduct subjected her to severe emotional distress. On March 16, 2023, the New Jersey Appellate Division ruled her private social media accounts and personal cell phone records are relevant and must be turned […]
The title is a prediction, not a done deal. But no later than June 2023, I believe the U.S. Supreme Court will jettison a 46-year-old case that neutered an employer’s obligation to reasonably accommodate all aspects of an employee’s religious observance or practice. And what will the vote be? 9-0. Read on. How Did We […]
An employment relationship may be ended in a variety of ways with different legal consequences, so it’s important to accurately determine the method by which it’s terminated. An involuntary termination (i.e., the employee is fired) occurs when the employer decides to end the employment relationship. A voluntary termination or resignation (i.e., the employee quits) occurs […]
Effective in 2023, a new set of rules will change eligibility requirements for the premium tax credit (PTC) created under the Affordable Care Act (ACA). Implemented by the IRS, these new cafeteria plan rules and regulations will now make it easier for an employee’s family members to enroll in subsidized health insurance through an exchange.
While the term “quiet firing” may be new—and chatter around the trend increases—the practice is an age-old tactic used to force an employee to eventually quit. A recent LinkedIn News poll with over 20,000 respondents revealed 48% of employees had seen quiet firing in the workplace, and 35% have faced it during their careers. With the rise […]
The Georgia Court of Appeals recently upheld a trial court’s dismissal of an employee’s claim that his employer failed to accommodate his disability, holding that Georgia state law provided him no legal remedy.