News & Analysis as of September 18, 2024

Termination

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Hiring & Firing refers to the process of recruiting, interviewing and offering employment and the process of evaluating performance and dismissing employees. Hiring & Firing is a highly regulated area and can create tremendous liability for employers who fail to properly adhere to acceptable employment practices. Some of the potential pitfalls in this area stem from discriminatory hiring practices, improper performance evaluations, and retaliatory firings. less -

Internal Investigations of Harassment Claims

K&L Gates LLP on 6/28/2024

In areas of French law that are ambiguous, the French Supreme Court regularly issues rulings to specify the scope of an employer’s obligations, including in the context of harassment claims. French caselaw has set the rules...more

Collective Redundancies In Europe

MoFo Employment Law Commentary (ELC) on 1/8/2024

One of the difficult realities of running a business is that companies occasionally find themselves needing to make reductions to their staff headcount, be it because of workplace shutdowns due to economic difficulties,...more

Key Developments for Employers in the UK - Issue 4

Dechert LLP on 10/20/2022

Welcome to the fourth edition of The Employment Edit – a summary of the most important recent cases and news affecting employers in the UK. We hope you find this newsletter helpful and informative. In this edition we look at:...more

Economic Difficulties as Basis for Termination (Cass., Soc., June 1, 2022, n° 20-19.957)

Dechert LLP on 7/1/2022

The French Supreme Court has just provided very useful guidance for employers on how to secure a valid termination: when justifying a termination on grounds of economic difficulties, the employer can only consider the period...more

The Netherlands: Court Disallows Terminating Sick Employee’s Employment After UWV Procedure

Littler on 11/11/2021

In a recent case, an employer petitioned the Sub-District Court to dissolve an employment contract with immediate effect after the UWV (Employee Insurance Agency) had dismissed its application for dismissal for economic...more

The Netherlands: When does the prohibition against termination during sickness apply?

Littler on 3/24/2021

In the Netherlands, employers are generally prohibited from dismissing sick employees in the event of a reorganization, even if those employees are eligible for dismissal based on the reflection principle. The reflection...more

UK HR Two Minute Monthly: post-termination restrictions; discrimination and victimisation claims; right to respect for private...

BCLP on 2/2/2021

Our January update considers recent developments in employment law, including cases on post-termination restrictions, interim relief for discrimination and victimisation claims, and the right to respect private life. We also...more

Red Notice Newsletter - July 2018

Akin Gump Strauss Hauer & Feld LLP on 8/1/2018

ANTICORRUPTION DEVELOPMENTS - DOJ Extends FCPA Corporate Enforcement Policy to Misconduct in Mergers and Acquisitions - On July 25, 2018, in a speech to the Ninth Global Forum on Anti-Corruption Compliance in High Risk...more

European Court of Human Rights: Monitoring Employee Communications

Faegre Drinker Biddle & Reath LLP on 11/1/2017

In Barbulescu v Romania (Application no. 61496/08) [2017] ECHR 742, the Grand Chamber of the European Court of Human Rights (ECtHR) clarified the right of employers to monitor employees’ private communications in the...more

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

BCLP on 9/19/2017

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

Employment Law - October 2015 #3

Manatt, Phelps & Phillips, LLP on 10/28/2015

New California Employment Laws on Fair Pay, Waiver of Meal Periods - Why it matters: California continues its focus on employment-related legislation. Touted as the toughest law of its kind in the nation, Senate...more

France: What Should an Employer Do Where an Employee Seeks a Declaration of Constructive Dismissal without Resigning?

Dechert LLP on 9/17/2014

Under French law, there are various ways in which an employment contract may be terminated: resignation, dismissal, redundancy, amicable termination and so on. There is also a category of termination which is similar to a...more

Basics Of Employment Law In Italy: Part III

Fisher Phillips on 5/15/2014

This article is the third in a series which provides a brief overview of the some of the key elements of employment law in Italy. This article will cover terminations, including a summary of the sources of law governing...more

International Employment Law Review: August 2013 - Issue 4: Recent Employment Law Developments in France

Dechert LLP on 8/9/2013

Legislation - Interprofessional National Agreement and Law on Employment Security Passed - On January 11, 2013, social partners at national level agreed to an interprofessional agreement “for a new economic and...more

Today is the Day

Orrick, Herrington & Sutcliffe LLP on 7/29/2013

TODAY is a big day for employment law. Even though many of you will be thinking about your holidays, or may have even jetted off to sunny shores, take care to remember that certain changes are taking place which will affect...more

Employment Law Update (UK): Summer 2013

Morrison & Foerster LLP on 6/27/2013

A number of important employment law reforms are planned for this summer. Behind three of them is the Government’s desire to reduce the volume of tribunal litigation in favour of alternative methods of dispute resolution. ...more

Navigating through the Challenging German Employment Law Framework for Japanese Companies Doing Business in Germany

Orrick, Herrington & Sutcliffe LLP on 4/23/2013

In This Presentation: 1. Employment law in Germany – General facts 2. The Employee 3. Overview on German social security system 4. Dismissal of employees 5. Managerial authority 6. Modification of...more

New Developments Regarding Temporary Workers in Germany

Orrick - Employment Law and Litigation on 3/20/2013

German companies rely heavily on temporary workers. Due to fundamental legislative reforms in the mid-2000s, it is possible to pay temporary workers a salary which is below the salary of comparable permanent staff. Therefore,...more

Orrick World: A Quarterly Report of Global Employment Law Issues for Multinationals - February 2013

Orrick, Herrington & Sutcliffe LLP on 2/19/2013

In This Issue: - Asia Employment Law Update - France Employment Law Update - UK Employment Law Update - United States Employment Law Update...more

UK Employment Alert No 206: How to Terminate Employment and Exercise a Payment in Lieu of Notice Clause

McDermott Will & Emery on 1/4/2013

The UK Supreme Court has provided guidance about two issues of importance for employers wishing to dismiss a UK employee: 1. What happens when an employer dismisses an employee in a manner that breaches the terms of the...more

European Court of Human Rights Finds That Greater Protections Are Required For The Political Beliefs Of UK Employees

McDermott Will & Emery on 11/27/2012

The European Court of Human Rights (ECtHR), in Redfearn v United Kingdom [2012] ECHR 1878, has held that employment law in the United Kingdom does not adequately protect individuals from dismissal as a result of their...more

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