About the author
Eric A. Welter is an employment lawyer and litigator with the Welter Law Firm, P.C. in Herndon, Virginia. He is licensed to practice law in Virginia, Maryland, Washington D.C., Texas and California.
The Welter Law Firm represents and advises employers on all aspects of the employment relationship and represents businesses in commercial and franchise litigation. The firm’s offices are located in Northern Virginia; Los Angeles, California; and Austin, Texas.
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Monthly Archives: April 2009
FMLA Does Not Insulate Employees From Being Terminated For Poor Performance Or Misconduct
Two recent Seventh Circuit decisions provide employer guidance for personnel decisions involving FMLA leave employees. In short, both decisions show that an employer can, and should, discipline all employees similarly regardless of their FMLA status. More after the break.
Tidbits
Virginia company agrees to settle whistleblower qui tam lawsuit with the government for $128 million. The employee gets $19.2 million. Article here. Workplace defamation suits on the rise — Law.com Top 100 Employment Law Blogs — Delaware Employment Law Blog … Continue reading
D.C. Circuit Upholds Denial Of EPLI Coverage
In American Center for International Labor Solidarity v. Federal Insurance Company, the D.C. Circuit found in favor of an insurer when it held that the term “claim” in an insurance policy includes Equal Employment Opportunity Commission (“EEOC”) proceedings. The employer had … Continue reading
Profane Remark About Employer Results In Forfeit Of Labor Protections
In Media General Operations, Inc. v. NLRB, the Fourth Circuit found that an employee’s profane remark about his employer caused him to forfeit the protection of the National Labor Relations Act’s prohibition against retaliation for engaging in a protected activity. … Continue reading
E-Verify Update
The Pennsylvania Labor & Employment Law Blog has the update here that the deadline to comply with E-Verify has been pushed back, and may even be dropped.
Court Grants Additional Compensation To Plaintiff To Offset Tax Liability
In Eshelman v. Agere Systems, Inc., the U.S. Court of Appeals for the Third Circuit held that a trial court has discretion in granting additional compensation to offset tax liability in back pay awards. More after the break.
Recent Jury Verdicts and Settlements
Our latest update on jury verdicts and settlements after the break.
New I-9 Effective April 3, 2009
Despite delays, the USCIS has announced that the new Form I-9 for verification of eligibility for employment must be used, effective April 3, 2009. The USCIS also issued a new Handbook for Employers that reflects the updates to the form. … Continue reading
Law firm economics, 2009-style
“Companies dump big Wall Street law firms for smaller, cheaper outfits.” UPDATE: Additional thoughts on this topic here.
Tidbits
Here are a few employment law tidbits to start the week. More after the break.
Supreme Court Rules That Arbitration Agreement in Collective Bargaining Agreement is Enforceable
In 14 Penn Plaza, LLC v. Pyett, the U.S. Supreme Court held yesterday that “[a] provision in a collective-bargaining agreement that clearly and unmistakably requires union members to arbitrate ADEA claims is enforceable as a matter of federal law.” A … Continue reading
IRS Issues Guidance on Premium Assistance for COBRA Benefits
In light of the recent updates to COBRA in the stimulus package (see our prior post here), the IRS has issued guidance on premium assistance for COBRA benefits. The guidance is here. The Pennsylvania Labor & Employment Blog has a … Continue reading
