RSS icon

Top Stories

Wrongful Discharge

Toyota Whistleblower Case Could Prompt Added Litigation

September 8, 2009
A former Toyota attorney’s lawsuit claiming the company withheld and destroyed evidence regarding rollover accidents has prompted a Texas vehicle safety attorney to prepare to refile 15 lawsuits against the automaker on Tuesday, September 8.
Read More

Age as 'But-For' Cause Under ADEA

Unlike Title VII of the Civil Rights Act of 1964, the ADEA does not provide that a plaintiff may establish discrimination by showing that age was simply a motivating factor. Under Gross, an employer does not have to prove that it would have made the same decision regardless of age, even if the employee produces some evidence that age may have been a contributing factor in the decision.
Read More

Failure to Accommodate Pregnancy

Employers are advised to consider state law obligations to accommodate disabled employees due to pregnancy. If the employer has an alternative or interim work program for injured or disabled employees, state law may require the employer look into whether an open position exists for the pregnant employee under that program.
Read More

Are You Prepared to Deal With Expanded Anti-Retaliation Laws

May 14, 2009
The job of the human resources practitioner in dealing with the anti-retaliation provisions of the various federal employment laws continues to get a lot harder. Not only are the actions that constitute retaliation a lot more difficult to pinpoint, but the description of those that come within the proscriptions of the various anti-retaliation laws has now been expanded—most recently by a January 2009 U.S. Supreme Court decision.
Read More

A Behavioral Leadership Approach to Workplace Problems

April 23, 2009
Commentary: Most organizations that are concerned about increases in litigation, EEOC charges and potential union organizing activity look at each area of new or enhanced risk and devise separate strategies to address them. But they often are attacking the symptoms, not the real and very common problem: leadership misbehavior. Here is a more holistic approach to the workplace issues that keep you up at night.
Read More

WARN Act Liability

An employer’s plant closing or mass layoff occurring before the conclusion of the WARN 60-day period may not violate the law if the closing or mass layoff is caused by business circumstances that were not reasonably foreseeable at the time the notice would have been required.
Read More