Searching Content indexed under Employment Litigation/ Tribunals by Butler Snow LLP ordered by Published Date Descending.
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Courts Find That Memphis And Nashville Workers Were Unlawfully Fired For Racially-Charged Facebook Postings
Unlike employees in private companies, government workers have much better job protection when it comes to speaking their mind about politics or other matters of public concern.
United States
14 Oct 2019
Background Check Best Practices After 5th Circ. EEOC Ruling
For the last seven years, employers have cautiously approached consideration of applicants' criminal conviction records due to guidance issued by the U.S. Equal Employment Opportunity Commission
United States
13 Sep 2019
Nashville Trump Supporter Fired Over Facebook Post Wins Trial
Government employees enjoy more protection than employees of private-sector companies when it comes to speaking their minds about politics or other matters of public concern outside the workplace.
United States
28 Aug 2019
The Supreme Court Concludes That Title VII's Charge Filing Requirement Is Not Jurisdictional
On June 3, 2019, the U.S. Supreme Court concluded that the requirement set forth in Title VII to the Civil Rights Act of 1964 that a plaintiff must first exhaust her administrative
United States
18 Jun 2019
Tennessee Court Of Appeals Finds That Former Employee Breached Non-Compete Agreement Through Actions Of His Subordinates
Eric Manchir worked as a sales manager for ADP, LLC ("ADP"), which is in the business of human resources and business outsourcing.
United States
11 Dec 2017
TN Court Of Appeals Upholds $425,000 Award In Favor Of Nurse Who Blew The Whistle
In Tennessee, it's against the law to terminate an employee who blows the whistle in furtherance of public policy. Recently, the Tennessee Court of Appeals ...
United States
29 Nov 2017
Handling Workplace Vigilantes
Recently, an Oregon Home Depot worker claimed that he was fired for helping a customer pursue a man she claimed kidnapped her child.
United States
5 Sep 2017
Walking The Workplace Proselytizing Tightrope
"Have a blessed day." "I'm praying for you." "Are you a believer?" "Would you be interested in attending church with me?" Comments and questions like those may be common in your workplace.
United States
29 Jun 2017
Tips On Employee Raiding For Tennessee Employers
Few things get a business more fired up than a competitor "stealing" a group of its top performers.
United States
27 Jun 2017
What's Mine Is Mine, And What's Yours Is (Not) Mine . . .
The Tennessee Business Court, now in Phase II of the Pilot Project continues to deal with interesting and contemporary issues.
United States
20 Jun 2017
Sixth Circuit Upholds Dismissal Of Fraud And Contract Claims Against Employer Sponsoring Green Card Application For Employee
The Sixth Circuit agreed, noting that, practically speaking, a promise to obtain a green card would have been impossible for Dow Corning to have carried out, because it does not itself issue green cards.
United States
27 Mar 2017
Arming Employers Against Internal Hackers, The 11th Circuit Clarifies CFAA's "Loss" Requirement
The Eleventh Circuit ruled last week in a wrongful discharge turned Computer Fraud and Abuse Act ("CFAA") case, spinning the employee's case against his employer on its head.
United States
9 Feb 2017
Turning The Table On Whistleblowers: Alabama State Court Allows Employer Lawsuit To Proceed Against Whistleblower
Turning the table on Whistleblowers: Alabama state court allows employer lawsuit to proceed against whistleblower
United States
5 Nov 2015
BRING-YOUR-GUN-TO-WORK-DAY? . . . . MAYBE! Swindol v. Aurora Flight Sciences Corporation
Robert Swindol brought his gun to work . . . kind of. He parked his car in the Aurora Flight Services parking lot with his firearm locked inside.
United States
14 Oct 2015
New DOL Rule Redefining "Spouse" Temporarily Placed On Hold
The Family and Medical Leave Act ("FMLA") requires employers with 50 or more employees to provide unpaid, job-protected leave to eligible employees.
United States
27 Apr 2015
Eleventh Circuit Scraps Employer’s Defense In FLSA Claim For Overtime Wages
May an employee recover under the Fair Labor Standards Act for unpaid overtime even if it was his own fault that the overtime was unpaid?
United States
16 Apr 2015
Employers Beware: McDonald’s Memorandum Suggests That The NLRB Intends To Loosen The Standard For When Legally Separate Entities May Be Considered Joint Employers
In late July, the General Counsel of the NLRB issued a memorandum in a group of cases against operators of several McDonald’s franchises.
United States
22 Sep 2014
Employer’s No-Recording Rule Survives Initial Stage Of NLRB Attack
Is it lawful for employers to prohibit electronic recordings by employees in the workplace?
United States
28 Feb 2014
Effective Use Of Non-Competition/Non-Solicitation Agreements In The Workplace
Few things can be more frustrating to an employer than spending significant resources training a new employee, allowing the employee access to trade secrets, and introducing the employee to customers, only for the employee to quit and accept a similar job for a competing business.
United States
24 Sep 2013
A New Heightened Standard For Title VII Retaliation Claims
On June 24, 2013, the Supreme Court of the United States held that Title VII retaliation claims require a plaintiff to prove the more stringent "but for" causation standard, rather than the lesser "motivating factor" standard.
United States
20 Aug 2013
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