Employment Contract Termination Hiring & Firing

News & Analysis as of

Federal Arbitration Case Update | Compelling and Appealing

Following are two recent federal court rulings related to arbitration. Acknowledgement of Dispute Resolution Policy Sufficient to Compel Arbitration of Retaliation Claim - Ashbey v. Archstone Property Management,...more

NLRB Says Employer Cannot Rescind Contract for Employee Who Wrote Complaining Email to Co-Workers

As previously reported in EmployNews, recent National Labor Relations Board decisions have disrupted established guidelines with regard to employers’ obligations to tolerate uncivil and insulting behavior and comments from...more

From Hiring To Firing: A Basic Guide To The Hong Kong Employment Law Life Cycle

Hiring - For many employers, the key to having a productive and high-performing workforce is recruiting the right people to start with. However, it is important for employers to be aware that even before an employee...more

[Webinar] Minnesota Bolsters Sales Rep Termination Act - Strategies & Guidance for Suppliers and Manufacturers, June 2, 1:00 CDT

Any supplier or manufacturer that uses sales reps in Minnesota should understand the Minnesota Termination of Sales Representatives Act (MTSRA) because it could have drastic consequences for their businesses. Contracts...more

From Hiring to Firing: A Basic Guide To The Japanese Employment Law Life Cycle

Hiring: As a general rule, employers in Japan can freely determine the person they would like to hire as an employee, provided that discrimination on the basis of certain protected categories is not permitted. Employees...more

From Hiring To Firing: A Basic Guide To The Chinese Employment Law Life Cycle

HIRING - For many employers, the key to having a productive and high-performing workforce is recruiting the right people to start with. However, it is important for employers to be aware that even before an employee...more

Court Rejects General Unconscionability Argument And Compels Arbitration

Late last year, a district court judge in Connecticut granted Defendant General Electric’s (“GE”) motion to compel arbitration based on Plaintiff’s signature to GE’s Acknowledgement Conditions of Employment Form. Ms. Pingel,...more

Post Termination Restrictions: Always Consider Consideration

The recent case of Re-Use Collections Ltd v Sendall [2014] EWHC 3852 (QB) is a timely reminder to employers everywhere of the importance of providing meaningful consideration when attempting to tie-up existing employees with...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

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

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

English Law: When Contractual Limitations on Damages Can Backfire

In AB v. CD [2014] EWCA Civ 229, the Court of Appeal for England and Wales addressed an issue with surprisingly little precedent. It held that a claimant seeking an injunction to prevent an alleged wrongful termination of a...more

U.S. District Court Upholds FDIC’s Golden Parachute Decision

The U.S. District Court for the Eastern District of Missouri (the “District Court”) issued a memorandum and order (the “Order”) in which the District Court upheld a decision of the FDIC that contract damages sought by the...more

Constructive Dismissal and Post-Resignation Conduct

In Cockram v Air Products Limited UKEAT/0038/14, the Employment Appeal Tribunal (EAT) held that an employee had lost the right to claim constructive dismissal because he had given his employer a much longer notice period than...more

Are Employment Contracts Always Terminable At the Will of Either Party?

In states where employment is generally considered “at-will,” many employers take it as a foregone conclusion that employment contracts are terminable at the will of either party. But is this conclusion always correct? The...more

Act Now Advisory: Since Fifield Is Not Going Away Any Time Soon, Illinois Employers Should Consider Revising the Consideration...

In June 2013, the Illinois Appellate Court for the First District (i.e., Cook County) held that, absent other consideration, two years of employment is required for a restrictive covenant to be deemed supported by adequate...more

Representing Physicians: Life Cycle of a Physician-Practice & Physician Integration Options (Presentation)

In This Presentation: - General Considerations - Who is Your Client? - Who Can Employ a Physician? - Basic Issues in Employment Contracts - The Buy-In: Becoming an Owner in a Medical Practice -...more

CIS Legal Update - September 2013: Highlights of the Recently Adopted Amendments to the Georgian Labor Code

Following months of legislative deliberation involving multiple parties, including the International Chamber of Commerce, the American Chamber of Commerce, and other similar international groups, the Parliament of Georgia...more

Employee Relief Causes Employer Grief: The ability to perform employment-related duties is an integral part of an employment...

Recently, two employers who provided notice of termination, and at the same time relieved employees of their duties, were held instead to have at that time terminated those employees, which lead to financial consequences for...more

Are Your Company’s Termination Provisions Enforceable?

Two Ontario Superior Court decisions once again highlight the importance of precise and explicit wording in employment contracts, particularly in respect of termination clauses. The court concluded in both decisions that the...more

How To Control A Reduction In Force

Reductions in force (RIFs) can lead to expensive and distracting litigation, and potential liability. ...more

Decision on Termination Procedures a Big Win for Employers

The Supreme Court of Victoria has shed light on an issue raised in Barker v Commonwealth Bank of Australia [2012] FCA 942 regarding whether employers must adhere to their own policies and procedures when dismissing an...more

No Wrongful Discharge Claim For Firing Of Employee/Shareholder In Retaliation For Her Exercise Of Her Statutory Inspection Rights

You probably know that North Carolina is an employment-at-will state. That means that in the absence of any employment contract, you can be fired from your job at any time, for good reason, no reason at all, or even a bad...more

"The Landscape of CEO Succession Issues"

A board’s decision as to whether, when and how to terminate the employment of a CEO and hire a successor is among the most critical decisions facing the board of any company — large or small, public or private, established or...more

Silence Is Golden For Employee Suspended Without Pay

Employers: Read and understand your employment agreements with your employees, and don't assume you have contractual rights that are not spelled out in the agreements. ...more

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