HR Legalist

HR Legalist

Employment Law Updates
& Best Practices for Employers

Category Archives: Terminations

Subscribe to Terminations RSS Feed

Political Speech, Discrimination and the Law: How Employers Should Respond to Charlottesville

Posted in Cat's Paw Liability, Civil Rights, Discrimination, Diversity, General Labor and Employment News and Updates, Political Discrimination, Social Media, Terminations, Workplace Policies
The recent tragic events in Charlottesville, Virginia and other news regarding the activities of white supremacists and similar groups, have served as a rude awakening for many that our national reality has shifted. These events, which occurred in the public square and have been widely documented through social media, are unfortunate examples of bigoted and… Continue Reading

Be Careful With That! – Second Circuit Dismisses Failure to Accommodate Claim Brought by “Needle Phobic” Pharmacist

Posted in Americans with Disabilities Act, Reasonable Accommodation, Terminations
On March 21, 2017, the Second Circuit affirmed the dismissal of a former Rite Aid pharmacist’s claim against Rite Aid for refusing to accommodate his “needle phobia.” In 2011, Rite Aid altered the job description for its pharmacists to include immunization certification as an “essential duty and responsibility.”  Rite Aid altered the job description to… Continue Reading

Spring Forward: Constructive Discharge Clock Doesn’t Start Until Employee Gives “Definite Notice” of Intent to Resign

Posted in Discrimination, Equal Employment Opportunity Commission, Terminations
On Monday, the Supreme Court resolved a circuit split over the deadline for employees to pursue their administrative remedies in connection with constructive discharge claims under Title VII.  Generally, employees must file a charge of discrimination with the EEOC no later than 180 days from the date that the alleged discrimination took place. This deadline… Continue Reading

More than Just a Fable – Why the “Cat’s Paw” Matters for Employers

Posted in Americans with Disabilities Act, Cat's Paw Liability, Discrimination, Retaliation, Terminations, Workplace Policies
The Fable “The Monkey and the Cat” is a fable (dating back to the 17th century or perhaps earlier) about a monkey who persuades a cat to pull chestnuts from the embers of a fire, only to take the reward for himself and leave the cat nursing a burnt paw.  The fable is the source… Continue Reading

How to Structure an Employee Severance Package Regarding COBRA and the ACA

Posted in Terminations, Workplace Policies
Often, when parting ways with an employee, an employer may offer to pay for some months of COBRA continuation coverage so that the employee can remain covered without having to pay the substantial premiums associated with COBRA. Historically, this always seemed like a solid gesture from the employer and a “no-brainer” from the employee’s standpoint.… Continue Reading