Employment Contract

News & Analysis as of

A Win for Employers: High Court of Australia Rejects the Expansion of Employment Law Rights

The High Court of Australia (High Court) has handed down a much anticipated decision in Commonwealth Bank of Australia v Barker [204] HCA32 (10 September 2014) with respect to the implied term of mutual trust and confidence...more

Missouri Courts Scrutinize Employment Arbitration Agreements

Demonstrating once again that Missouri may be the most difficult state in which to enforce an employment arbitration provision, the Missouri Supreme Court in Baker v. Bristol Care, Inc., et al. invalidated an employment...more

No Implied Term Of "Mutual Trust And Confidence" In Australian Employment Contracts

In a welcome development for employers, the High Court has handed down a landmark decision that confirms, for the first time, that Australian employment contracts do not contain an implied term of "mutual trust and...more

Sunrise Brokers LLP v Rodgers: responding to an employee's breach of contract

What happened? In Sunrise Brokers LLP v Rodgers, the High Court decided that an employer could refuse to allow an employee to resign in breach of contract and instead hold him to the terms of his contract. This meant...more

The Latest From The NLRB On Employment-At-Will Policies

Just two years ago, employers weren’t terribly worried about the approach the National Labor Relations Board (NLRB) took toward employment-at-will policies. True, the board did seem to signal at the time that it might...more

Court Was Wrong to Re-Write Covenants

In Prophet v Huggett [2014] ECWA Civ 1013, the Court of Appeal has overturned a recent decision of the High Court in which it had re-written a non-compete covenant to give it commercial effect. You may recall that we...more

Ensuring Employment Contracts Are Sound Under California Law

Numerous statutes exist that establish the parameters for employment contracts. Before implementation, companies should seek legal advice to ensure their contracts are sound....more

New Jersey Appellate Court Upholds Contracts Curtailing the Time for Employment Claims: Lessons for Employers

Employers know that there are numerous laws, both state and federal, that allow employees to sue for perceived violations of their rights. Those laws provide not only a dizzying array of theories of liability but also a...more

Conscious Uncoupling: What To Consider Before Dismissing A Senior Executive

While it may be best employment practice to dismiss an employee by identifying a fair reason and following a fair (and sometimes protracted) process, this may not make commercial sense when it comes to terminating a senior...more

California Supreme Court Upholds Use of Class Action Waivers in Employment Arbitration Agreements, But PAGA Claims May Not Be...

In a prior Alert dated June 11, 2012, we reported on a California appellate court decision in Iskanian v. CLS Transportation Los Angeles, LLC ("Iskanian"), which upheld the use of class and representative action waivers in...more

Immigration Compliance Alert: Use Caution When Terminating H-1B Employees

An employer planning to terminate an employee on H-1B visa status needs to ensure that the termination is undertaken in compliance with not only the employment contract and applicable state and federal law, but also in...more

Watchdogs Petition SEC to Strengthen Prohibitions Against Impeding Complaints to SEC

On July 18, 2014, a coalition of plaintiff-side lawyers and government watchdog groups proposed ways to strengthen the SEC whistleblower program in two petitions filed with the SEC. The groups urged the SEC to update Rule...more

Employment Issues in the United Arab Emirates

The purpose of this memorandum is to summarise employment issues arising in the United Arab Emirates (UAE). This note focuses on the UAE Federal Law No. 8 of 1980 (the Labour Law). It also describes the employment law that...more

Fenwick Employment Brief - July 2014

California Employees Can Waive Class Claims In An Arbitration Agreement, But Not PAGA Claims - Resolving an issue that has created uncertainty for California employers, the California Supreme Court recently held in...more

Having Employees Sign Non-Compete Agreements After They Have Already Started Working Could Be A Big Problem For Some Employers

A non-compete agreement is a vital tool that companies use to protect their confidential and trade secret information and their customer and employee relationships. Employers, of course, want to avoid the trouble of running...more

Dodd-Frank Does Not Bar Arbitration Of Claims If Arbitration Agreement Does Not Exempt Dodd-Frank Whistleblower Claims

The Fourth Circuit affirmed order from the United States District Court for the Eastern District of Virginia compelling arbitration of former employee’s federal claims under the Age Discrimination in Employment Act (ADEA),...more

Yet Another Reminder on the Importance of Careful Drafting of Termination Clauses…

As if employers needed one, we now have yet another decision invalidating a termination provision for failure to comply with the Employment Standards Act, 2000 (the “ESA”): Miller v. A.B.M. Canada Inc., 2014 ONSC 4062...more

California Supreme Court Upholds Class Action Waiver In Arbitration Agreement

Finally! The California Supreme Court recently fell in line with the United States Supreme Court on the enforceability of class action waivers in arbitration agreements by upholding their enforceability. Previously, the...more

Business Litigation Reporter -- June 2014

Goodwin Procter’s Business Litigation Reporter provides timely summaries of key cases and other developments within dedicated Business Litigation sessions and related courts throughout the country – courts within which...more

California Supreme Court: Gentry is Gone. PAGA Lives On.

Compelled by U.S. Supreme Court precedent advancing arbitration as a method of dispute resolution, the California Supreme Court in Iskanian v. CLS Transportation Los Angeles, LLC (No. S20432, June 23, 2014) held that its...more

“Stay Put” Provision still important in filling personnel positions

This time of the year county board of education personnel offices are busy filling both professional and service positions for the fast approaching 2014-15 school year (yeah, it’s hard to believe the school year will be here...more

California Supreme Court Rules that Employers Are Entitled to Include Class Action Waivers in Arbitration Agreements

In a welcome development for California businesses, the California Supreme Court issued a favorable ruling on June 23, 2014, holding that California law permits employers to require employees to sign arbitration agreements...more

eAlert - Class Action Waivers Are Enforceable According to the California Supreme Court

Class action waivers in arbitration agreements are enforceable according to a California Supreme Court decision issued yesterday. In Iskanian v. CLS Transportation Los Angeles, LLC, the California Supreme Court finally...more

Tortious Interference in Virginia – Improper Methods Requirement

The U. S. District Court for the Eastern District of Virginia says a company that hired away a competitor’s employees may be liable for tortious interference. This can occur with an at-will business contract without the need...more

California Almost Goes Along on Class Waivers

The California Supreme Court has ruled that class action waivers in employment arbitration agreements are enforceable – with one gaping exception. Iskanian v. CLS Transportation Los Angeles, L.L.C., S204032 (Cal. June 23,...more

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