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Wrongful Termination Archives

Can Off-Duty Bad Conduct Warrant Termination?

The division between personal and work life often becomes blurred, especially if the person in question functions as a very public representative of the company that he or she works for. For most people, though, it is still possible to keep personal lives separate from work. However, this hasn't stopped employers from terminating workers who behave in unsavory ways off the clock. Whether this is appropriate, though, depends on the situation.

Second Circuit Rules Facebook Rant Was Protected Activity

A recent 2nd Circuit court ruling will affect how employers have to deal with employees who make profane comments about their place of employment or associated workers outside of work time. The April 21st ruling noted that an employee's Facebook rant, in which the employee used profanity to describe a supervisor, was protected speech because the employee was in the middle of union talks and then used the post's subject matter to promote the union. The employee had been fired for the rant, but the court's decision means that now, firing for a similar situation will not be the go-to option for employers.

How To Prevent Criminal Record Employment Discrimination

As an employer, you know that the process of screening and hiring new applicants comes with a significant level of responsibility. You want to make the best possible decisions, ensuring that new hires will be able to safely and reliably perform the duties of the job and fit well into your overall company culture. You are tasked with the need to conduct a thorough screening process while also carefully avoiding any real or perceived violations of state and Federal anti-discrimination laws.

Firing or Terminating An Employee

The day will come as an employer when you know you have a tough decision in front of you. Firing an employee can be an uncomfortable experience for both of you and it is a matter that should be handled pragmatically and with delicacy. In a worst case scenario, your employee could fire back at you with a lawsuit. Read below to learn more about how to protect yourself against a potential lawsuit and what you can do to prevent a disgruntled employee from taking action against your business. 

How state workers who blow the whistle on fraud, abuse are protected - II

In our previous post, we began discussing how those state employees who are reluctant to blow the whistle on fraudulent, abusive and/or potentially harmful practices don't have to be unnecessarily fearful, as the Whistleblower's Act protects them from retaliatory measures on the part of state agencies and independent contractors.

Lawsuit accuses Yahoo! of gender discrimination, biased performance standards

Yahoo! Inc. made headlines earlier this week when it announced that it would not only be willing to entertain a sale of its core business going forward, but also that it would be terminating roughly 1,700 employees or nearly 15 percent of its workforce.

Eligible whistleblowers protected from retaliation

Disclosing sensitive information about a business or certain practices is something that could get an employee into a lot of trouble. In many cases, they are restricted from doing so by an employment contract or confidentiality agreement; violating these agreements can be grounds for some serious penalties.

The Equal Employment Opportunity Commission

The Equal Employment Opportunity Commission or "EEOC" is an administrative agency whose primary responsibilities include enforcing federal laws with regard to protecting employees and job applicants from discrimination in the workplace. Types of discrimination include discrimination based on race, age (for workers or applicants 40 years of age and older), national origin, religion, sex, pregnancy, disability, or genetic information. The EEOC also protects those who are either involved in the investigative process i.e., the aggrieved or those who are acting as a witness during the investigation process from retaliation.

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