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Tenth Circuit: Changing Termination Reasons Held as Pretext for Employment Discrimination

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All Employers with CO, KS, NM, OK, UT, and WY Employees

EFFECTIVE

May 15, 2018

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The Tenth Circuit Court’s decision in Fassbender v. Correct Care Sols., LLC, reminds employers of the importance of weighing termination decisions with care.  In Fassbender, an employer’s decision to terminate a pregnant employee was determined to be a pretext for discrimination, due in part to the employer’s inconsistent reasoning for the termination.

Tenth Circuit: “Job-Protected” Leave Does Not Necessarily Protect Employees from Misconduct

APPLIES TO

All Employers with Colorado, Kansas, New Mexico, Oklahoma, Utah and Wyoming Employees

EFFECTIVE

August 26, 2016

QUESTIONS?

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(888) 378-2456

The Tenth Circuit recently stated that employers can implement disciplinary action against employees who are currently on job-protected leave when evidence of misconduct is discovered during the employee’s leave of absence.