News & Analysis as of September 24, 2024

Hiring & Firing › Duty of Loyalty

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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 -

Can a Hidden Workplace Affair Lead to Dismissal?

Ius Laboris on 7/11/2024

In a recent judgment, France’s Court of Cassation approved the dismissal of a senior executive who had maintained a hidden romantic relationship for more than four years with another employee....more

Alberta, Canada Court Holds Senior Executive Personally Liable to Employer

Littler on 10/24/2023

In Breen v Foremost Industries Ltd, 2023 ABKB 552, the Court of King’s Bench of Alberta dismissed the claim of a President and CEO that he had been wrongfully dismissed from his employment, finding that his employment had...more

Former Employees Who Couldn’t Wait to Leave Their Florida Employer Before Illegally Competing Ordered to Pay Heavy Price

Fisher Phillips on 8/30/2023

A Florida Circuit Court judge sternly rebuked two former employees of a private South Florida provider of Autism treatment services who began competing illegally with a new employer – while still employed with their old...more

Disloyal Employees: Disgorgement Offers Employers Some Reprieve

PilieroMazza PLLC on 10/12/2022

In many states, employees owe a duty of loyalty to their employer as long as they remain on the employer’s payroll. In other words, employees must generally act in the best interests of their employer—and not solely for their...more

Where Am I and How Did I Get Here (In This Venue)?

Gray Reed on 8/3/2020

In June 2019, David Dunwoody (“Dunwoody”) left his position as President of EnVen Energy Corporation (“EnVen”) amidst a scandal centering around his alleged involvement in a kickback scheme. Dunwoody sued EnVen, the oil...more

We’re Not California, Yet: Washington Enacts Some Limitations on Noncompetition Agreements and Moonlighting Bans

Stoel Rives LLP on 4/26/2019

Washington has not gone as far as California, which generally bars all forms of noncompetition agreements. However, after several years of unsuccessful attempts, the Washington legislature has just passed Engrossed Substitute...more

Exit Stage Left –Tips For When A Key Employee Moves To A Competitor

Amundsen Davis LLC on 2/28/2019

As with most things in life, you should hope for the best, but plan for the worst in the event that a valued employee leaves to join a competitor. This post contains some helpful tips to keep in mind following such a move by...more

Quebec Court of Appeal’s Analysis on Untimely Resignations and the Duty of Loyalty of Employees

Blake, Cassels & Graydon LLP on 12/5/2018

The Quebec Court of Appeal (Court) has established that employees who terminate their employment relationship without notice may work for a competitor without necessarily violating their duty of loyalty. However, resigning...more

Littler Global Guide - Sweden - Q3 2018

Littler on 10/12/2018

Policy Requiring All Employees to Shake Hands Discriminated Based on Religious Belief - Precedential Decision by Judiciary or Regulatory Agency - During a job interview, a job seeker refused to shake the company...more

California Jury Punishes Former Employees for Unfair Play-Only Lawful Competition is Sacrosanct!

Fisher Phillips on 3/5/2018

Notwithstanding California's strong public policy in favor of lawful competitive behavior, California employees' duty of loyalty to their current employer reigns supreme. A violation of that duty can lead to costly jury...more

Employment Law’s “Hulk”-Like Superhero — The Faithless Servant Doctrine — Just Got Stronger

Bond Schoeneck & King PLLC on 6/8/2016

One of the many joys of parenthood is the opportunity to relive one’s childhood. To a parent who grew up on the old-school comic books, the steady roll-out by Marvel Studios of big budget super-hero movies offers a unique...more

The Duty of Loyalty Lives on in New Jersey

Kelley Drye & Warren LLP on 10/9/2015

In an interesting decision affirming the ‘old-but-not-forgotten’ principle that an employee owes his first duty of loyalty to her employer, the New Jersey Supreme Court recently affirmed a decision allowing an employer to...more

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Hiring & Firing › Duty of Loyalty

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