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The Legal Stuff
BT Currents - Hot Topics in Employment Law

07 Jul Firing an Employee? Avoid Litigation by Carefully Reviewing the Issues

Many times before proceeding with a termination, an employer will call on its counsel and explain the rationale for the decision to avoid potential legal issues if it should follow through on firing an employee. As labor and employment attorneys, this is what we would call “best practices”: Having a third-party neutral review the decision for the termination, play devil’s advocate, and determine if there may be some other reason for the decision that could lead to a claim of discrimination or retaliation.   Other…

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30 Jun ‘Bona Fide Relationships’ Under Trump’s New Travel Ban: Who’s In and Who’s Out?

  The U.S. Supreme Court made headlines on June 26 when it partially mandated aspects of Trump’s notorious “travel ban” barring immigrants from select countries from entering the United States. In a lengthy opinion, the court provided that people seeking visas from six restricted countries – namely Iran, Libya, Somalia, Sudan, Syria and Yemen – would be temporarily barred from entering the United States unless they can claim a “bona fide relationship” with a person or entity in the United States. This uncertain description of…

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28 Jun Content of Doctors’ Notes May Help Plaintiffs Establish Evidence of Disability Discrimination

  How often do you scrutinize doctors’ notes turned in by employees for signs of a claimed disability? A recent California case, Parker v. Comcast Cable Commc’ns Mgmt., LLC, serves as a reminder that the content of doctor’s notes can serve as strong evidence that an employer has constructive knowledge of one’s disability. Such a showing can therefore make it easier to establish and bring claims of disability discrimination against employers.   In order to be liable for a disability discrimination claim under California’s Fair…

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05 Jun ‘Hey Boss, F*@& You!’ Profanity-Laced Facebook Tirade Not Enough to Get the Axe

  A recent case out of the Second Circuit Court of Appeals demonstrates yet again the perils of firing an employee based on a seemingly inexcusable Facebook tirade. The matter involved an employee for a catering company who was upset that his supervisor admonished him and others in a “raised, harsh tone” about “chitchatting” with co-workers as guests arrived at a catered event. In response, the employee used his cell phone to make a public post on Facebook that said: “Bob is such a NASTY…

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02 Jun Trump-Era Immigration Worksite Raid Threats May Bring New Requirements for California Employers

  Amidst fears of increased workplace immigration raids during Trump’s presidency, California’s legislature recently introduced a bill that, if passed, would ban employers from providing workplace access to immigration and U.S. Immigration and Customs Enforcement (ICE) officials without a warrant. This bill could have enormous affects for California, where more than 2.6 million undocumented workers reside. Notably, almost one in every 10 California workers is undocumented, and undocumented workers make up almost half of California’s agricultural workforce.   The measure, AB 450, called the Immigrant…

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