Vigilant Blog

News, trends and analysis in employment law, HR, safety & workers' comp

Showing posts for: Termination & Resignation

Photo of Jodi Slavik
Aug 27 2021
Featured Worker’s CompLeave LawsTermination & ResignationWorkers’ Comp  

Legal Corner: Avoid These Three Workers’ Comp Mistakes

I advise Washington employers A LOT about discipline and terminations. One of my recent calls went like this: “Hi, we have a two-year employee who has horrible attendance and a bad attitude. No one likes working with her. She always complains about anxiety, and last week she was a no-call, no-show. When…

Read More…
Photo of Karen Davis
May 24 2021
COVID-19Harassment & DiscriminationLeave LawsTermination & Resignation  

WASHINGTON: Governor grants worker protections related to COVID-19

On May 21, 2021, Governor Jay Inslee issued Proclamation 21-08 “Safe Workers,” which prohibits Washington employers from taking any adverse employment action as a result of a worker receiving a COVID-19 (coronavirus) vaccine or needing time off related to the worker’s own COVID-19 vaccination, exposure, or illness. Time off to take a family member…

Read More…
Photo of Jackie Marks
May 20 2021
Safety and HealthTermination & Resignation  

WASHINGTON: New bill amends WISHA’s anti-retaliation provision

On May 11, 2021, Governor Jay Inslee signed ESHB 1097, amending the Washington Industrial Safety and Health Act’s (WISHA) anti-retaliation provision by explicitly prohibiting acts that would deter reasonable employees from exercising their rights under the Act and expanding the time for filing a workplace safety complaint with the Department of…

Read More…
Oct 01 2020
COVID-19HiringLeave LawsTermination & Resignation  

CALIFORNIA: San Francisco enacts additional COVID-19 job protections

Effective September 11, 2020, employers in San Francisco face steep penalties if they take adverse action against workers who are absent or request time off because they test positive for COVID-19, or because they isolate or quarantine due to COVID-19 symptoms or exposure. The new ordinance offers job protections for…

Read More…
Photo of Lorraine Amrine
Jun 16 2020
Harassment & DiscriminationTermination & Resignation  

ALERT: Title VII protects sexual orientation and gender identity

The U.S. Supreme Court recently ruled that terminating employees because of their sexual orientation or transgender status is discrimination based on sex and therefore violates Title VII of the Civil Rights Act.

Read More…
Photo of Jackie Marks
Jan 02 2020
Q&ADisabilityTermination & Resignation  

Q&A: Mandatory EAP referral doesn’t mean you perceived disability

Question: We have an employee who is acting strangely, including making paranoid comments about coworkers sabotaging her work. I investigated, but found no evidence to support her allegations. The employee continues to complain. Can we require her to contact our Employee Assistance Program (EAP) and attend any counseling sessions recommended…

Read More…
Photo of Kandis Sells
Sep 11 2019
Termination & Resignation  

Supervisor in Washington may be individually liable for termination

In Washington, an employee may bring a legal claim against an individual supervisor who participated in an employment termination decision, according to a federal district court. A former middle school principal brought a claim for wrongful discharge in violation of public policy against both the school district and the individual…

Read More…
Photo of Lorraine Amrine
Sep 11 2019
Featured Worker’s CompDisabilityHarassment & DiscriminationTermination & Resignation  

Balancing competing employee interests can be tricky

An employer in Missouri is finding out the hard way that balancing the competing rights of employees can be complicated. In this case, a coworker with Tourette’s syndrome regularly and repeatedly shouted racial slurs at an African American employee. The employer tried to separate the workers so they didn’t have to work…

Read More…
Aug 14 2019
Safety and HealthTermination & Resignation  

Oregon employers may be liable if they retaliate without knowing it

If an employer disciplines or terminates an employee on the advice of a supervisor, without knowing the supervisor is actually retaliating against the employee, the employer can still be liable, ruled the Oregon Supreme Court. Sometimes, the people with authority to make employment decisions don’t really make decisions alone, but instead rely…

Read More…
Photo of April Uzzardo
May 06 2019
Harassment & DiscriminationTermination & Resignation  

Termination was for threats, not age discrimination

A drug store pharmacist who had been employed by a company for 34 years was terminated for threatening to use a gun at work, not because of his age or for reporting discrepancies in the store’s drug inventory, ruled a federal district court in California. A coworker reported to HR that the…

Read More…