Category Archives: Employment and Labour Law

Cert denied in sexual orientation Title VII case

The Supreme Court denied cert today in Evans v. Georgia Reg'l Hosp. (ScotusBlog page); Lambda Legal had filed a cert petition from the Eleventh Circuit's decision. The Eleventh Circuit had held that it was bound by prior circuit authority that….. To continue reading this legal news please click Read full information...

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Latest Settlement Reveals Mortgage Fraud Continued Years After Financial Crisis Ended

We are reaching the end of a decade since mortgage fraud hit its peak in 2007. However, the latest settlement by IberiaBank suggests that at least one lender continued aspects of mortgage fraud against the Federal Housing Administration (FHA) well after becoming informed of their wrongdoing. IberiaBank agreed to pay the United States more than $11 million in response to allegations that it did not comply with federal requirements on FHA mortgage loans. The settlement resulted from allegations made under the False Claims Act by whistleblowers who were formerly employed at the bank. Similar to other allegations against banks during the financial crisis, IberiaBank admitted that certain loan files contained inadequate documentation on income, inadequate verification of the down payment, and unresolved appraisal discrepancies. The most disturbing part of the allegations is that the bank told HUD that it was no longer paying underwriter commissions after a HUD review in 2010….. To continue reading this legal news please click Read full information...

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Dismissals for incompetence: Are we moving backward or forward?

by Rhéaume Perreault and Michael Adams It appears that employers in Quebec who wish to dismiss employees for incompetence may now need to accomplish an additional step before doing so. Indeed, the Superior Court of Quebec, in Commission scolaire Kativik v. Ménard, 2017 QCCS 4686, recently confirmed an arbitration decision in which an additional criterion was added to those established in 2005 by the Court of Appeal in Costco Wholesale Canada Ltd. v. Laplante, 2005 QCCA 788, and applied since by tribunals in Quebec. According to the Superior Court, employers must now also verify if another more suitable position is available for the employee before proceeding with termination. Facts The employer, a school board, dismissed an employee for incompetence. The employee in question had productivity and efficiency issues and handed in work riddled with errors. In order to try to resolve the situation, the employer asked the employee to sign and participate in a….. To continue reading this legal news please click Read full information...

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Termination of teacher who confined disruptive special education students in bathroom for a "time out" upheld

Arbitrator Deborah Gaines has upheld the tenure charges against a teacher, finding just cause for termination. Wayne County Board of EducationThe teacher was responsible for a class of approximately 16 students, half of whom were special education students or students who fell on the autism spectrum. She acknowledged that on two occasions she sent a disruptive student to the bathroom as a de-escataion technique. According to the teacher, the bathroom door was left ajar and she asked a teachers aide to watch the student. Arbitrator Gaines found that the evidence supported the Board's charge that the teacher had improperly confined students to the bathroom  and that this action violated District policy. Whether the door was left ajar, as grievant testified, or was closed, as another witness testified, the arbitrator found no evidence ghat anyone was overseeing the students. Upholding termination, Arbitrator Gaines observed:Respondent's improper….. To continue reading this legal news please click Read full information...

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The Saturday File – Person of the Year 2017: #MeToo

A weekly update on employment law developments and related news stories from The McKinney Law Firm. The Top StoryTime Person of the Year 2017: The Silence BreakersDiscussions of sexual harassment in polite company tend to rely on euphemisms: harassment becomes "inappropriate behavior," assault becomes "misconduct," rape becomes "abuse." We're accustomed to hearing those softened words, which downplay the pain of the experience. It wasn't so long ago that the boss chasing his secretary around the desk was a comic trope, a staple from vaudeville to prime-time sitcoms. There wasn't even a name for sexual harassment until just over 40 years ago; the term was coined in 1975 by a group of women at Cornell University after an employee there, Carmita Wood, filed for unemployment benefits after she had resigned because a supervisor touched her. The university….. To continue reading this legal news please click Read full information...

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