News & Analysis as of

Employment Contract Termination

Discharge Of Employee Who Protested Illegal Policy By Himself Ran Afoul Of NLRA, Federal Appeals Court Rules

by Jackson Lewis P.C. on

An employee who was discharged after protesting an admittedly illegal policy was entitled to reinstatement and back pay despite having acted on his own, the federal appeals court in New York has ruled, enforcing a National...more

Termination of employment due to poor performance – a brief legal comparison

by Bryan Cave on

Bryan Cave's Scandinavian Desk advises numerous Scandinavian clients in Germany. This article highlights the similarities and differences between German and Swedish law regarding the termination of employment due to poor...more

Top 10 Employment & Labour Issues for Employers

1: Accommodation in the Workplace - OVERVIEW - Employers have a duty to accommodate employees’ needs based on those grounds protected under federal and provincial human rights legislation. All employers are required...more

Be Aware Belgium May 2017

by DLA Piper on

Brussels Labour Court had to rule on the nullity of a termination and the claim of an indemnity in lieu of notice by an employee. These are the facts: An Employee entered the service of a not-for-profit organization...more

Effective Date of Termination Notice Sent by Post

by Faegre Baker Daniels on

In Newcastle Upon Tyne NHS Foundation Trust v Haywood [2017] EWCA Civ 153, the Court of Appeal (CA) looked at when a notice of termination sent by post takes effect. Ms Haywood’s employment became at risk of redundancy...more

Alberta Law Clarified on Scope of Good Faith in Contract and Incentive Pay Eligibility

by Field Law on

Styles v. Alberta Investment Management Corporation, 2017 ABCA 1 (Styles) was the first decision rendered by the Court of Appeal of Alberta in 2017, and contains some noteworthy ramifications for employers. This case dealt...more

How An Employee/Shareholder Can Protect Oneself Against Oppression

Because termination of one’s employment does not necessarily equate to shareholder oppression under New Jersey law, as seen in my last post, it is often a good idea to take proactive measures to inoculate yourself against a...more

Is This The Definitive Word on Termination Provisions/Consideration?

by Dentons on

A series of Ontario cases dating back to 2012 has put into issue the question of what does, or doesn’t, make a termination provision enforceable.  After a number of recent employer-friendly decisions, the Ontario Court of...more

Puerto Rico Issues Comprehensive Labor Law Reform

by FordHarrison on

On January 26, 2017, Puerto Rico’s Governor, Ricardo Roselló, signed into law the Labor Transformation and Flexibility Act (the “Act”). The Act represents the first significant and comprehensive labor law reform to occur in...more

Probationary Periods: A Window Worth Closing

by BakerHostetler on

Probationary periods are a tool long used to test the viability of job candidates. They can provide a window into an employee’s suitability and qualifications for a position. In an economy that continues to have high...more

Styles Overturned: Alberta Court of Appeal Clarifies Treatment of Incentive Payments upon Termination

In Styles v. Alberta Investment Management Corporation (Styles), a recently released decision that has been eagerly awaited by employers and employees alike, the Alberta Court of Appeal (Court) clarified the law with respect...more

Termination of Employment Contracts for Misconduct: Practical Guidelines

by K&L Gates LLP on

The observations of the Singapore Court of Appeal (“CA”) in a coda to their judgment in Phosagro Asia Pte Ltd v Piattachanine, Iouri [2016] 5 SLR 1052 (“Phosagro”) raise some practical considerations for employers to bear in...more

How should employers deal with pensions in a severance package?

by Dentons on

HR professionals often ask us how to deal with pension issues when they structure severance packages for non-union employees. Should employees continue to earn pension benefits after termination of employment?  If so, for how...more

Clarifications Regarding Trial Period by the French Supreme Court

by Bryan Cave on

With two decisions dated March 31 and April 15, 2016, the Employment Division of the French Supreme Court (“Cour de cassation”) clarified the legal framework applicable to trial periods. The Supreme Court explained how to...more

Please, Take Your Time: NJ Supreme Court Voids Contracts That Limit Workers’ Time to Sue

by Genova Burns LLC on

On June 15, 2016, the New Jersey Supreme Court issued its long-awaited decision in Sergio Rodriguez v. Raymours Furniture Company, Inc., in which it addressed whether the two-year statute of limitations under the New Jersey...more

Fixed Term Contracts: Damages for “trouble and inconvenience”

by Dentons on

In a recent decision, the Superior Court of Quebec held that the termination of a fixed term contract of employment constitutes a breach of contract which may allow for an award of damages for “troubles and inconveniences”...more

Surviving the Strife: How Start-Up Founders Can Ensure That Inevitable Friction and Departures Won't Sink the Company

by Bryan Cave on

History is all too often repeated when start-up founders fail to plan for when (not if) they don’t see eye-to-eye. Relationship breakdowns and messy founder departures are common root causes of start-up failures. Common...more

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

by Dentons on

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

Basics of Employment Law in Austria: Part III

by Fisher Phillips on

This article is the third in a series which provides an overview of the basics of employment law in Austria and will focus on the legal requirements applicable to employee termination procedures. I. Termination of Employment...more

South Africa’s Labour Court Rules Garden Leave and Noncompetition Clauses Enforceable

On February 9, 2016, in a victory for South African employers, South Africa’s Labour Court in Johannesburg addressed for the first time the applicability of garden leave in assessing the reasonableness of a post-termination...more

Downsizing and Firing Employees in California

by WilmerHale on

Most companies will eventually face the unpleasant task of terminating an employee or group of employees. When they do, it’s critical that they follow best practices and comply with applicable laws for many reasons, ranging...more

Contracts May Not Be All They're Cracked Up To Be: The Extension Of Legal Protections In Employee Contractual Settings

by Fisher Phillips on

For many years, employers have generally embraced a policy of utilizing at-will employment as often as possible, where employers and employees can end their relationship with each other at any time and for any (legal) reason....more

California Appellate Court Denies Mandamus Petition: Arbitrator Will Decide Whether Arbitration Agreement Permits Class Action...

by Carlton Fields on

An appellate court in California denied Universal Protection Service, LP (“Universal”) and their affiliate’s mandamus petition, seeking to overturn a lower court ruling compelling arbitration. The court found that whether an...more

[Event] Labor & Employment Law Update & Happy Hour - Oct. 22nd, San Diego, CA

Please join us for Sheppard Mullin's bi-annual Labor & Employment Law Update & Happy Hour. There have been significant developments in California labor and employment law this year. We will explain how these new developments...more

La Loi Macron est entrée en vigueur: beaucoup de bruit pour pas grand-chose?

by Morgan Lewis on

Cette loi apporte des ajustements mais pas de bouleversements dans plusieurs pans du droit social français. Après des mois de discussions ardues, la Loi pour la croissance, l'activité et l'égalité des chances économiques...more

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