Posts tagged Employment at Will.

It's been a while since I've written about H.B. 2, the North Carolina "bathroom bill," and I need to get with it.

Wrongful discharge claim based on discrimination is back. As we expected, on July 18, Gov. Pat McCrory signed into law H.B. 169, which amends H.B. 2 by restoring the cause of action for wrongful discharge in violation of public policy based on the North Carolina Equal ...

I don't plan to post much more about North Carolina's HB 2 "bathroom bill" until we start getting court decisions, but this is newsworthy.

As I've previously noted, HB 2 had a provision that eliminated the cause of action for wrongful discharge in violation of public policy based on violations of the N.C. Equal Employment Practices Act, NCGS Section 143-422.2. That law says that it ...

For the background on this situation, please see my post from Friday on HB 2. I spoke for almost an hour Friday evening with reporter Greg Lacour from Charlotte Magazine, and he asked me to go through his April 4 article "The HB 2 Provision Few Are Talking About" point-by-point and tell him exactly what I thought was inaccurate. I did, and he told me he was going to publish a correction. I ...

Argh! I was hoping not to have to talk about HB 2 again (North Carolina's notorious "bathroom bill"), but there has been so much misinformation about what it did to wrongful discharge claims that I've just gotta.

UPDATE (6:20 p.m. Friday, 4/8/16): I had a good conversation this evening with Greg Lacour of Charlotte Magazine about his article. We agreed that his article did not ...

Of significance to employers, the bill, which was signed into law last Wednesday, eliminates the common-law cause of action for wrongful discharge based on "EEO" discrimination. I talked about that here.

Here is a copy of the lawsuit, filed today in federal court in Greensboro, North Carolina. The plaintiffs are three individuals (two transgender men and a lesbian), the American ...

Big news for employees and employers in North Carolina -- the General Assembly enacted a bill on Wednesday (signed by Gov. Pat McCrory (R) within hours) that was primarily intended to preempt a certain high-profile municipal "bathroom" ordinance. (More on that in a sec.) But included in the bill is a provision that eliminates the wrongful discharge/public policy cause of ...

Michigan Capitol Rotunda
"I'm dizzy!"

Holy Toledo! (Or should I say, Lansing?) Here is our next celebrity employment lawsuit soap opera . . .

You may have heard about the two Tea Party legislators in Michigan who were having an affair, engaged in a bizarre cover-up that failed, had to resign/were expelled, and then lost their election bids to get their seats back. It was a big deal over the summer and into the fall ...

So you think you're ready to terminate an employee. Are you really?

Magic 8-Ball.flickrCC.WaiferX
"Uh-oh."

Here are 20 questions that every employer should ask itself before going ahead with a termination. If you think I've missed anything, please feel free to add your own in the comments.

GETTING STARTED

No. 1. Is the employee covered by a collective bargaining agreement? If so, make sure that whatever you do is ...

Late last week, the Utah Supreme Court decided that an employer who terminates an employee for acting in self-defense can be liable for wrongful discharge, if

The employee "reasonably believes that force is necessary to defend against an imminent threat of serious bodily harm," and

The employee has no opportunity to withdraw.

Self-Defense Class.flickrCC.Rosey-OR
"Can you deal with THIS!"

The case, Ray v. Wal-Mart ...

Here's a lesson: Don't call your employee an "old fart," especially if you think you may need to fire him someday.

Rembrandt.The_Anatomy_Lesson.Wikipedia (public domain)
"Class, where did this employer (allegedly) go wrong?"

And don't call his co-workers "old farts" right before you fire the co-workers.

And don't give your "old fart," who has only a first-level warning on his record, three or four "progressive" warnings on the day ...

Robin Shea has 30 years' experience in employment litigation, including Title VII and the Age Discrimination in Employment Act, the Americans with Disabilities Act (including the Amendments Act). 
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