Voluntary Resignation

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    For a number of years, going back at least to the 1960s, the conventional wisdom about the U.S. 4th Circuit Court of Appeals (whose rulings apply to South Carolina employers) was that its decisions in employment cases tended to be mostly conservative and favor employers, according to some observers. Despite its "business- friendly" reputation,...
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    Unions praise college football ruling. The United Steelworkers (USW) and the AFL-CIO issued statements of support shortly after a ruling from a National Labor Relations Board (NLRB) regional director saying that scholarship football players at Northwestern University meet the definition of "employee" and are therefore eligible to form a union. "...
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    HR professionals are frequently asked to do more with less. Moreover, these are challenging times, with companies facing increased employment litigation but having fewer resources for programs to strengthen the quality and longevity of the workforce. Exit interviews represent an effective and inexpensive, albeit little-used, tool for spotting and...
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    The U.S. 8th Circuit Court of Appeals (whose rulings apply to Arkansas employers) recently held that an employee failed to satisfy all the elements required to prove her claims of sexual discrimination, hostile work environment, constructive discharge, and retaliation. Facts Loretta Rester worked as a graphic designer at the Hot Springs...
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    The Arkansas Court of Appeals recently held that an employee was properly granted temporary total disability (TTD) benefits following a work-related automobile accident that caused whiplash- type injuries. Facts Connie Parker worked for Advanced Portable X-Ray, LLC (APX), a mobile X-ray company. Her duties included driving the company van,...
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    The U.S. 8th Circuit Court of Appeals (whose rulings apply to all Minnesota employers) recently held that a supervisor's loud and abrasive behavior toward an employee couldn't support the employee's claims for sex discrimination, hostile work environment, constructive discharge, and retaliation because she wasn't terminated or demoted and there...
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    Q Is it legal to hold an employee's final paycheck until uniforms, tools, or other company property is returned? A No. An employer may not withhold an employee's final paycheck for any reason. If an employee is separated from employment in Utah, he is to be paid all wages he is owed within 24 hours of separation. If an employee without a...
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    The 8th Circuit recently held that an employee failed to satisfy all the elements required to prove her claims of sexual discrimination, hostile work environment, constructive discharge, and retaliation. Facts Loretta Rester worked as a graphic designer at the Hot Springs Village Voice, an Arkansas newspaper owned by Stephens Media, LLC. On...
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    There's been an increasing amount of litigation over nonsolicitation agreements. Here's a case out of Fort Worth with some lessons. I'll stay — no, on second thought, I'll go Sandra Gutierrez began working for Allied Financial as an IT leader in 2004. In that role, she ran the IT department and supervised 89 employees. In 2008, she was...
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    Recently, a Houston court of appeals looked at what it means to be a "current" drug user and thus exempt from the definition of "disability" under the Texas Commission on Human Rights Act (TCHRA). The court's decision is good news for Texas employers. Employee checks into hospital Earline Melendez worked for the Houston Independent School...
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