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Common Law Claims Employer Liability Issues

Littler

Ontario, Canada Court Decides Employees Laid Off During COVID-19 May Not Claim Constructive Dismissal at Common Law

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Just six weeks after holding in Coutinho v. Ocular Health Centre Ltd. that Ontario Regulation 228/20 (IDEL Regulation) under the Employment Standards Act, 2000 (ESA) did not remove an employee’s common law right to claim...more

Bennett Jones LLP

Infectious Disease Emergency Leave Does Not Shield an Employer From Constructive Dismissal at Common Law

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A recent decision of the Ontario Superior Court has dealt yet another blow to employers in the wake of the ongoing COVID-19 pandemic. The decision of Justice D.A. Broad in Coutinho v Ocular Health Centre, released April 27,...more

Littler

Ontario, Canada Court Decides Employee Laid Off During COVID-19 May Claim Constructive Dismissal at Common Law

Littler on

Last May, the government of Ontario filed Ontario Regulation 228/20 (IDEL Regulation) under the Employment Standards Act, 2000 (ESA).  The Regulation provides that an employee in a non-unionized workplace who, any time during...more

Littler

Ontario, Canada Court Decides Exceptional Circumstances Exist to Justify Notice Period Exceeding 24 Months for a Long-term...

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In Currie v. Nylene Canada Inc., 2021 ONSC 1922, Ontario’s Superior Court held that “exceptional circumstances” existed to justify making an award that exceeded the 24-month “high end” amount of reasonable notice for...more

Littler

Hold the Phone: Employees Can Bring Common-Law Wrongful Discharge Claims in Oregon for Seeking Legal Advice About Their Employment

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On March 3, 2021, in Rohrer v. Oswego Cove, LLC, the Oregon Court of Appeals reversed the lower court’s dismissal of an employee’s common-law wrongful discharge claim for seeking legal advice about her employment....more

Epstein Becker & Green

Two Recent Efforts, from Different Political Directions, to Adapt the FLSA to the 21st Century

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Over the past six months, Congress has made two notable attempts to amend the Fair Labor Standards Act of 1938 (the “FLSA”). In July, U.S. Representative Elise Stefanik (R-NY) introduced The Modern Worker Empowerment Act...more

Lewitt Hackman

Franchisors are “Lovin’ It”

Lewitt Hackman on

In a win for franchisors, the Ninth Circuit recently affirmed the district court’s summary judgment in favor of fast-food behemoth McDonald’s Corp., ruling that the franchisor is not a joint employer of its franchisees’...more

Proskauer - Whistleblower Defense

Chicago Federal Court Rejects Retaliatory Discharge Claim Due To Existence Of SOX Whistleblower Claim

On April 23, 2018, the U.S. District Court for the Northern District of Illinois ruled that a plaintiff’s SOX claim precluded his claim for common law retaliatory discharge. Cohen v. Power Solutions International, Inc., No....more

Lathrop GPM

Missouri Supreme Court Rules that Private Remedies Under the Missouri Human Rights Act Preempt Common Law Claims, Strictly...

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The Missouri Supreme Court recently placed two important restrictions on the ability of a plaintiff to bring a lawsuit for actions that fall within the reach of the Missouri Human Rights Act (MHRA). The Court issued a...more

Seyfarth Shaw LLP

New Jersey’s Conscientious Employee Protection Act Requires Election of Remedies Before Summary Judgment

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Seyfarth Synopsis: The U.S. District Court for the District of New Jersey recently held that the proper time for a plaintiff to elect whether to proceed with a statutory whistleblower claim under CEPA, or a common law Pierce...more

Seyfarth Shaw LLP

Texas High Court Allows Employee to Pursue Assault Claim Against Employer for Tortious Acts of “Vice Principal”

Seyfarth Shaw LLP on

Seyfarth Synopsis: In a decision that is sure to increase the costs and complexity of litigation, the Texas Supreme Court recently held that a former employee’s common law assault claim was not preempted by the state’s...more

Stoel Rives - World of Employment

Idaho Supreme Court Refuses to Modify the Workers Compensation Exclusive Remedy Doctrine

In order to provide near certain relief for employees injured in the course of employment, the Idaho Worker’s Compensation Act withdrew the common law remedies workers traditionally held against their employers. This...more

Parker Poe Adams & Bernstein LLP

Third Circuit Finds Host Company Subject to Title VII Discrimination Claims by Temp

Some employers prefer using temporary workers due to the added flexibility they provide in terms of filling roles not suited for permanent employees. However, some employers persist in believing that obtaining workers from a...more

Ogletree, Deakins, Nash, Smoak & Stewart,...

When Does Termination of the Employment Relationship Violate Public Policy? The Restatement of Employment Law Offers a New...

In July of 2015, the American Law Institute published the first Restatement of Employment Law. The Restatement provides a new lens through which employers, employees, and courts can evaluate the common law duties affecting...more

Dorsey & Whitney LLP

Dead Statutory Claims May Rise Again as Wrongful Discharge Claims, Washington Supreme Court Rules

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Your former employee claims he was fired for blowing the whistle on alleged illegal activity. Your lawyers inform you that the deadline for filing a claim under the applicable whistleblower statutes has passed. You breathe a...more

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