Employment Contract Hiring & Firing

News & Analysis as of

Cybersecurity Compliance Just Got Tougher

Companies need specific, well-executed plans to meet growing demands of federal and state agencies. While cybersecurity risks have increased, government regulation has traditionally lagged behind. Recently, some...more

Early Termination of Fixed Term Contract Results in Employee Windfall (Or the Dangers of Dubious Drafting)

The Ontario Court of Appeal recently awarded an employee, whose fixed-term contract was terminated on a without cause basis twenty-three months into a five-year term, damages reflecting the balance of his remuneration under...more

Eighth Circuit Decision Suggests Employers May Have An Alternative Option to Using Non-Compete Agreements

A recent Eighth Circuit Court of Appeals decision suggests another avenue for employers to secure damages from an employee who competes against them after employment ends – without the use and many limitations of a...more

North Carolina’s Strict Blue Pencil Doctrine is Written in Ink: The Supreme Court Rules That Courts Cannot Revise Noncompete...

The North Carolina Supreme Court (the “Supreme Court”) recently reiterated that North Carolina courts may not revise overly broad restrictions in noncompetition agreements, overturning a Court of Appeals decision that had...more

Corporate Divorce Series: Online Dating, The Bachelor, and Predicting Successful Employment Relationships

If there is a predictive model for dating, why can’t the same model apply to the employment relationship? I was fascinated to learn recently that eHarmony, the online dating site, had launched a career site called...more

Utah Enacts Post-Employment Restrictions Act

A growing number of states are tightening conditions on restrictive covenants.  The start of 2016 saw Oregon and Alabama enact higher barriers to the enforcement of non-compete agreements in those states. As of March 22,...more

The NLRB takes another cut at non-disclosure agreements.

In recent years, the National Labor Relations Board has increased its scrutiny of various employer practices, including those of non-unionized employers. Among the areas of scrutiny have been non-disclosure of confidential...more

Employee terminated despite manual’s assurances against retaliation

It is often said that “a promise is a promise,” but what does that adage mean? A promise is a statement or declaration that a person will or will not do something. In most cases, a promise is not enforceable under the law...more

Employment Contract Taken To Task by Full Bench of the Fair Work Commission

Project contract goes out to tender. Contract is awarded. Contractor hires employees for contract work. Project comes to an end and contractor employees are terminated. It’s the circle of contractor life and a scenario we are...more

Illinois Restrictive Covenants: Special Rules Apply To Non-Compete and Non-Solicit Agreements

All employers doing business in Illinois must be aware of a special rule regarding the enforceability of covenants not to compete, which may apply, depending on where their business is located. In Fifield v. Premier Dealer...more

Dismissal for Sharing Confidential Information Was Unfair

In Stimpson v Citibank N.A. ET/3200437/15, Mr Stimpson brought claims for unfair and wrongful dismissal after being dismissed without notice by Citibank N.A. (Citi) for an alleged breach of Citi’s policies on confidential...more

Better Think Twice About Enforcing A Non-Compete

Over the last couple of years, there has been an increase in employees striking back against employers trying to enforce non-compete agreements.  In those cases, the employee argues that his former employer has interfered...more

The Employment Exemption and Its Temporal Scope

Generally, N.C. Gen. Stat. § 75-1.1 does not apply to employer-employee disputes. Most courts have held that these disputes fail the “in or affecting commerce” test under the statute. In a recent decision, however, the...more

Commissioned Employees – Draft an Agreement Now, Avoid a Hassle Later

There is no shortage of claims brought by commissioned employees alleging the employer either did not pay, or underpaid a commission due the employee. More often than not, neither the employer nor the employee can figure out...more

Canadian Employment News Series - January 2016: Top 10 Canadian Employment Law Cases of 2015

With 2015 now behind us and our sights set on 2016, we have compiled the following list of ten significant Canadian employment law cases from 2015. This roundup is a cross-section of decisions from across the country,...more

10 Significant Physician Contracting Mistakes

1. Failure to Begin with the End in Mind. The most important provisions of your employment contract will be the provisions governing your termination rights, for two reasons. First, if the relationship goes well, chances are...more

UAE Employment law update

The Minister of Labour recently issued three Ministerial Decisions: - Ministerial Decision No. 764/2015 on using the Ministry of Labour adopted standard contracts; - Ministerial Decision No. 765/2015 on...more

Breach of Confidentiality Amounted to Gross Misconduct

In Farnan v Sunderland Association Football Club [2015] EWHC 3759 (QB), the High Court considered whether breaches of confidentiality could amount to gross misconduct justifying dismissing an employee without notice....more

By The Book: Transforming Handbooks Into Contracts In Langenkamp V. Olson

A recent summary order from the United States Court of Appeals for the Second Circuit – which exercises federal appellate jurisdiction over New York, Connecticut and Vermont — serves as a reminder that an employer’s reliance...more

What is 'Ordinary and Customary Turnover' When it Comes to Employees?

Picture this: A cleaning business successfully obtains a contract to provide cleaning services to a large CBD building. At the end of the term of the contract, the property management company advises that it will not be...more

Washington Employers, Be Careful When Demanding Arbitration Agreements from Current Employees

Yesterday, in case called Mayne v. Monaco Enterprises, Inc., a Washington Appellate Court struck down an arbitration clause because the employee faced immediate termination if he did not sign. The employee in this case had...more

Constructive dismissal in Canada

Several jurisdictions around the world permit claims for what is known as “constructive dismissal” or “constructive discharge”. In some cases those claims arise from statute and in others they arise under common law. This...more

Not Just A Union Issue: NLRB Decision Changing the Test For Joint Employer Status Affects Non-Union Employers, Too

As the National Labor Relations Board (the "Board"), traditionally the arbiter of all issues involving labor and unions, continues to broaden its reach into the world of non-union employers, it has begun to dismantle...more

Do New Anti-Trafficking Requirements Apply To Your Company?

As human trafficking and other forms of exploitation of labor continue to be a focus of public attention, requirements on some employers to prevent trafficking and related abuses have recently increased. ...more

Liquidated Damages Clause in Employment Contract Backfires on Quebec Employer

Under article 2091 of the Civil Code of Quebec (the “C.C.Q.”), employers can terminate employment contracts of indeterminate length so long as the employee is given reasonable notice or an indemnity in lieu of reasonable...more

166 Results
|
View per page
Page: of 7
JD Supra Readers' Choice 2016 Awards

"My best business intelligence, in one easy email…"

Your first step to building a free, personalized, morning email brief covering pertinent authors and topics on JD Supra:

Sign up to create your digest using LinkedIn*

*By using the service, you signify your acceptance of JD Supra's Privacy Policy.

Already signed up? Log in here

*With LinkedIn, you don't need to create a separate login to manage your free JD Supra account, and we can make suggestions based on your needs and interests. We will not post anything on LinkedIn in your name. Or, sign up using your email address.
×