Gibbs v. Caswell-Massey, et al., Docket No. A-2996-10T4 (App. Div. Oct. 20, 2011) – The Appellate Division held that a decision of the Unemployment Compensation Appeals Tribunal – that the plaintiff was not fired for cause and was eligible for benefits – was a basis to deny summary judgment to the employer on the employee’s disability discrimination claim. Although holding that the Appeal Tribunal decision was not conclusive on the issue of why the employee was terminated, the Appellate Division referred to the Appeals Tribunal as “an exemplar of a rational decision-maker akin to – but obviously not the equivalent of – a reasonable juror” and thus there was a triable question of fact regarding the employer’s motive. The ruling thus raises some concern for employers that opt to challenge unemployment benefits determinations, as an unsuccessful challenge could now potentially impact a subsequent civil action by the employee.
On March 1, 2013, the Budget Control Act, including sections mandating across-the-board budget cuts to federal agencies (known as “sequestration”), went into effect. The sequester is likely to negatively impact immigration processing and related services provided by federal departments and agencies that regulate the immigration function, including the U.S. Department…..
The Office of Federal Contract Compliance Programs (OFCCP) has begun sending Corporate Scheduling Announcement Letters (CSALs) to federal contractors, giving them a “heads-up” warning of a possible compliance review or audit by OFCCP. Although OFCCP claimed this summer that it would post future notifications online, these recent letters were sent…..
North Carolina Legislature Expands Opportunities for Employment of Persons With Criminal Records; Shields Employers From Negligence Claims
North Carolina Governor Roy Cooper recently signed House Bill (HB) 774, which will broaden the situations in which individuals convicted of certain crimes may petition for a “certificate of relief.”