Tag: lawsuit

Idaho At-Will Employees Have Standing to Sue Employer for Fraudulent Hiring

The Idaho Supreme Court recently rendered a decision highlighting an important distinction between wrongful discharge and “fraudulent hiring,” the latter of which allows at-will employees to sue their former employer. Background Employment in Idaho is presumed to be “at-will” unless contractually stated otherwise. In other words, with very few exceptions, an employment relationship has no […]

Burnout Isn’t Serious Health Condition Under the FMLA

In our pandemic world, mental health is important, and normal stressors such as work, finances, education, and childcare have been exacerbated by health concerns, exhaustion, isolation, and alienation. For essential workers, particularly medical workers on the COVID-19 frontlines, burnout is a reality.

ADA

Title VII Case Fails vs. Firm Serving Navajo Nation

The U.S. 10th Circuit Court of Appeals (whose rulings apply to all New Mexico employers) recently affirmed the dismissal of an employment discrimination lawsuit against a private corporation serving the Navajo Nation, finding it constituted an “Indian tribe” and was thus excluded from the legal obligations of Title VII of the Civil Rights Act of […]

COVID-19 Immunity Laws No Free Pass for Employers

Employers may be tempted to view new civil immunity laws in many states as providing protection and certainty against coronavirus-related claims. On closer review, however, the new laws’ limited benefits mean you must keep caution and vigilance as top priorities.

EEOC Settles NC Race Discrimination Case

In contrast with other litigation, a case filed against an employer by the Equal Employment Opportunity Commission (EEOC) is a very public affair. Typically, the EEOC will issue a press release when it files a new lawsuit identifying the employer and providing a summary of the alleged discriminatory conduct.

Hobbs

Is ‘Hobbs & Shaw’ Still ‘Fast and Furious’?

After nine movies in 16 years, the Fast and Furious franchise still seems to be alive and well. The parties to the following action agreed that any dispute regarding the movies, including sequels and remakes, would be resolved in arbitration. But does that agreement cover the recent movie starring longtime protagonists Hobbs and Shaw, which […]

social media

Top Background Screening Trends in 2020

In 2020, employment background checks are trending toward increasing complexity, added controversy about screening social media behavior, and the need to ensure corporate compliance with important new laws that vary by state and sometimes even by city. Stay abreast of these changes to ensure your Human Resources policies are current and in the know.

document

Document Retention in Hiring

Documentation and file retention are major aspects of the hiring process. One of the primary reasons to keep hiring records on file is to have documents to use in your defense in case of a discrimination claim.