Category Archives: Termination

Domestic Violence Leave for Massachusetts Employees

Governor Deval Patrick signed a bill into law that creates a category of job-protected leave for employees needing time off due to domestic violence.  As we previously discussed in an article about pending legislation, seen here, this law will require … Continue reading

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No Excuse for Poor Performance

A recent decision in the Seventh Circuit Court of Appeals is a good reminder to employers that legal protections from retaliation and discrimination cannot be used to excuse an employee’s poor performance. In Langenbach v. Wal-Mart Stores, Inc., the court … Continue reading

Posted in ADA, Age, Discrimination, EEOC, FLSA, FMLA, GINA, Labor and Employment, PDA, Retaliation, Termination | Tagged , , , , | Leave a comment

When an Employer May Punish Off-Duty Conduct

You may have heard about the Florida police officers who recently faced issues at work for their memberships in the Ku Klux Klan. One officer resigned and the other is facing disciplinary action and possibly termination. This has led many … Continue reading

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Liar, Liar, You’ll be Fired! No Protection on Facebook

Employee’s use of social media in the workplace continues to be a land of eggshells on which employers may walk.  However, The United States Supreme Court recently refused to review a Tenth Circuit decision granting summary judgment to an employer … Continue reading

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Beware Acting on Complaints without Proper Investigation

The United States Court of Appeals for the First Circuit recently held in Valazquez-Perez v. Developers Diversified Realty corp. that an employer can be liable for sex discrimination under Title VII of the Civil Rights Act of 1964 (Title VII) … Continue reading

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The $80,000 Secret – The Importance of Confidentiality Clauses

When a 69 year old former school headmaster’s contract wasn’t renewed he filed a claim for age discrimination. The school, Gulliver Preparatory School, decided to settle this lawsuit and in the settlement included a confidentiality agreement. While there are several … Continue reading

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Not Just Blowing Hot Air: E-Cigarettes in the Workplace

From shopping to drawing to communicating it seems everything has gone electronic these days. Smoking is no different. While electronic cigarettes are not officially classified as cessation devices, they have quickly become the most popular product on the market to … Continue reading

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MCAD Awards One of the Largest Emotional Distress Recoveries in Its History

The Massachusetts Commission Against Discrimination hit Office Max with $300,000 in emotional distress damages in a recent retaliation case.  Office Max claimed that the Complainant, a 13 year employee of Office Max, was terminated due to insufficient sales numbers and … Continue reading

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Who Owns A Linkedin Account; The Employer or the Employee?

As a business, an important goal is for employees to effectively market themselves and your brand.  Because social media is a quick, cost-effective, and easy way to reach your community and beyond, it may be desirable for employees to utilize … Continue reading

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