News & Analysis as of

Employer Liability Issues Resignation

Fox Rothschild LLP

The EEOC Continues to Challenge Leave Policies as Discriminatory

Fox Rothschild LLP on

The U.S. Equal Employment Opportunity Commission (EEOC) continues its focus on challenging employment leave policies as discriminatory under the Americans with Disabilities Act (ADA)....more

Fox Rothschild LLP

Think Twice Before You Contest Unemployment

Fox Rothschild LLP on

It happens all the time. A poor performing, or even blatant policy-violating former employee applies for unemployment. The immediate reflex by most employers is to contest it. Good idea? Well, it really depends. If the...more

U.S. Equal Employment Opportunity Commission...

Red Robin to Pay $600,000 in EEOC Sexual Harassment Lawsuit

Settles Federal Charges the Casual Dining Chain Allowed Female Employees, including a Teen, to be Sexually Harassed, Retaliated Against, and Forced to Resign - EVERETT, Wash. – Restaurant chain Red Robin International,...more

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

Connecticut Appellate Court Says Constructive Discharge Limitations Period Runs From Last Act of Discrimination, Not Resignation

The Connecticut Appellate Court recently ruled that a septuagenarian teacher’s claims that she was forced to resign because of age discrimination were untimely. The ruling distinguishes Connecticut law from a 2016 Supreme...more

Tucker Arensberg, P.C.

School District Subject to Suit for Manner of Completing Act 168 (“Pass the Trash”) Form

Tucker Arensberg, P.C. on

Dale McClendon v. The School District of Philadelphia, 2023 WL 4237080 (E.D. Pa 2023). (Federal court held that a school district was subject to due process and breach of contract claims for the manner in which it completed a...more

Dechert LLP

Clawback Provisions and Restraint of Trade

Dechert LLP on

In a welcome decision for employers, in Steel v Spencer Road LLP the High Court has upheld as enforceable a clause requiring an employee to repay a significant bonus following his resignation. A clause in Mr Steel’s...more

Chartwell Law

The Chartwell Chronicles: Release & Resignation

Chartwell Law on

In Episode 19 of The Chartwell Chronicles, hosts Colin Davis and Brittany Atkinson are joined by special guest Leslie Whitten from our Charleston, SC office to discuss releases and resignations in workers' compensation...more

Littler

British Columbia Court Finds Employee Voluntarily Resigned

Littler on

In Khangura v Lumberwest Building Supplies Inc., 2023 BCSC 1053, the Supreme Court of British Columbia dismissed an employee’s claim that he was entitled to damages because he had been wrongfully dismissed without cause. The...more

U.S. Equal Employment Opportunity Commission...

EEOC Sues Simply Slims for Sexual Harassment

Restaurant Allowed a Shift Manager to Sexually Harass Teens and Young Adults Despite Complaints, Agency Charges - HOT SPRINGS, Ark. – Simply Slims, L.L.C., and or Dixie Chicken, L.L.C. d/b/a Slim Chickens in Hot Springs,...more

Troutman Pepper

Water Cooler Talk: Quiet Quitting Insights From 'Seinfeld'

Troutman Pepper on

George Costanza, a character from the classic sitcom "Seinfeld," is the original "quiet quitter," a term used for employees who do the bare minimum at work. Hear from the master himself... Originally published in Law360 -...more

Skadden, Arps, Slate, Meagher & Flom LLP

Employment Flash - June 2023

New York, Minnesota and NLRB Act To Limit Noncompetes - New York Legislature Passes Bill To Ban Post-Employment Noncompetes - On June 20, 2023, the New York state Legislature passed a bill that bans post-employment...more

Mitratech Holdings, Inc

What Are Stay Interviews? Questions, Tips, & More For Today’s People Leaders

Stay interviews are a controversial topic for many. Some people love them, and some people hate them. There are good reasons for both sides of the argument, but hiring costs a lot, so more people are thinking about them. Most...more

Laner Muchin, Ltd.

When Does a Requested Religious Accommodation Pose an Undue Hardship?

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In a recent opinion, the U.S. Court of Appeals for the Seventh Circuit reiterated the standards for balancing an employee’s religious accommodation request against the potential undue hardship that such a request may impose...more

FordHarrison

Voluntary Resignation: What Employers Can Learn from Meredith Grey’s Departure

FordHarrison on

I still remember March 27, 2005, vividly. It was the day that my friends and I huddled together in my college dorm room to watch the pilot episode of ABC’s Grey’s Anatomy.  It was the very first (and last) time that I had the...more

Littler

Canada: Alberta Court Finds Employee Resigned and Was Not Constructively Dismissed When He Did Not Comply with Mask Policy

Littler on

In Benke v Loblaw Companies Limited, 2022 ABQB 461, the Court of Queen’s Bench of Alberta (ABQB) dismissed an employee’s claim that he had been constructively dismissed when his employer did not accommodate him with a mask...more

Stikeman Elliott LLP

Constructive Dismissal Unmasked as Resignation: Alberta Court Finds Employee Resigned After Refusing to Comply with Mask Policy

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In Benke v Loblaw Companies Limited, the Alberta Court of Queen’s Bench held that the employer did not constructively dismiss one of their employees who had been placed on unpaid leave for failing to comply with a mandatory...more

Woodruff Sawyer

The Butterfly Effect: How Global Dynamics Are Impacting Workers’ Compensation Claims

Woodruff Sawyer on

Recent national and world events have created a perfect storm for workers compensation (WC) claims. The move of baby boomers out of the workforce was already shifting demographics when the pandemic sparked the Great...more

Wyrick Robbins Yates & Ponton LLP

Surviving the Great Resignation

According to the U.S. Bureau of Labor Statistics, over 47 million Americans voluntarily quit their jobs in 2021.  In the month of November alone, nearly 4.5 million people resigned from their jobs, an all-time monthly high...more

Parker Poe Adams & Bernstein LLP

North Carolina Supreme Court Says Employee Who Left Work Due to Medical Condition Cannot Collect Unemployment Benefits

In general, employees who resign are not eligible to collect unemployment insurance benefits. In North Carolina as with most states, the unemployment compensation law contains an exception for workers who resign for “a good...more

FordHarrison

How to Have a Smooth Separation of Employment—Unlike Tom Brady

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On February 1, 2022, Tampa Bay Buccaneers quarterback Tom Brady officially announced his retirement via Instagram. The word “officially” is key here, as news of Brady’s retirement initially leaked to the media a few days...more

Robinson+Cole Manufacturing Law Blog

2022 Labor and Employment Outlook for Manufacturers

This week, we continue our 2022 outlook series with a focus on labor and employment.  It goes without saying that over the last two years, the COVID-19 pandemic has revealed certain weaknesses and opportunities in the economy...more

Parker Poe Adams & Bernstein LLP

Key Considerations When Employees Resign

On June 8, 2021, the U.S. Bureau of Labor Statistics released data showing a record 9.3 million current job openings, and that a record number of employees are voluntarily resigning from their jobs. In the face of this...more

Littler

‘Cause We’re Still Living – At Appropriate Distance – in a World of Fools (Spanning the Globe Because You Still Can’t)

Littler on

WARNING: this article is intended for immature audiences. Hopefully, that light at the end of the tunnel is not the on-coming 5:15 from New Haven. While we’ve been fortunate to have continued working safely and responsibly...more

Dentons

Discrimination Concerns in Skipping Notice Period

Dentons on

Last week, we looked at some of the concerns businesses face when they consider whether to let an employee work the duration of their notice period or if it’s better to cut ties quickly. Read about the issues that notice...more

TNG Consulting

Vocal Coach’s Concerns of Disparate Treatment Insufficient to Undo her Dismissal

TNG Consulting on

Warmington v. Board of Regents of the Univ. of Minnesota U.S. Dist. Ct., D. Minn. (April 21, 2020) - PROCEDURAL HISTORY:  Warmington, a highly accomplished and nationally recognized track and field coach, resigned in...more

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