Just Cause

News & Analysis as of

Unfortunately, Offensive Racial Comments Don’t Always Get You Fired (At Least Under Labor Law)

Under the National Labor Relations Act, certain union activities are considered “protected.” That is, employees engaging in union activity, or union representatives carrying out their duties in the context of grievance...more

“Just Give Me a Reason” Not Enough to Satisfy Just Cause Provision

I’m a big P!nk (yes, the exclamation point) fan. One of her most recent hits, is a song “Just Give Me A Reason”. Somehow, reading a new Appellate Court case that will be officially released tomorrow, this song title...more

B.C. Court of Appeal Finds Just Cause to Terminate Manager Over Misuse of Company Property

In Roe v. British Columbia Ferry Services Ltd., the British Columbia Court of Appeal allowed the appeal of a wrongful dismissal case on the basis that the trial judge erred in characterizing the dishonest conduct of an...more

Inappropriate E-mail Use by Employees Can Constitute Cause for Dismissal

Increased usage and reliance on the Internet creates new challenges for both employees and an employer’s human resources department. In certain circumstances, employees can be fired for engaging in inappropriate Internet use...more

DV Realty Advisors LLC v. Policemen’s Annuity & Benefit Fund of Chi., Ill., No. 547, 2012 (Del. Aug. 26, 2013)

This en banc decision is the latest opinion by the Delaware Supreme Court interpreting language in limited partnership agreements. The Court here affirmed the Court of Chancery’s decision granting declaratory judgment in...more

Will Issuers Add Rule 506(d) Bad Acts To The Definition Of “Cause”?

The SEC’s new bad actor rule, Rule 506(d), may cause some issuers to consider expanding the definition of “cause” in their employment agreements with executive officers. Because executive employment agreements typically...more

Progressive Discipline and Personal Responsibility Under Navajo Employment Law

Most companies doing business on the Navajo reservation know the Navajo Preference in Employment Act (NPEA) is a unique statute. Unlike almost all other jurisdictions in the United States, the Navajo Nation does not recognize...more

Inconsistent Reasons for Termination Allow Pregnant Employee’s Discrimination Case to Proceed to Jury

The Seventh Circuit Court of Appeals recently overturned a lower court’s grant of summary judgment in favor of a home care agency, holding that a jury should be allowed to determine whether the agency’s reasons for firing an...more

June 2013: Japan Litigation Update

Amendment to Employment Contract Act Changes Landscape for At-Will Employees. In what may be surprising to those familiar with the U.S. system, at-will contracts in Japan—in which a term of employment is not mentioned—are...more

Do You Know the Seven Factors That Comprise "Just Cause"?

The “just cause” standard has long been a cornerstone of traditional labor law (under many collective bargaining agreements, employees generally cannot be discharged except with “just cause”). However, the standard also has...more

International Dismissal Toolkit: Individual Employment Terminations and Reductions-in-Force Outside the United States

Firing an employee in the United States can be a challenge. Group firings—reductions in-force — can be an even bigger challenge. And from the point of view of a multinational headquartered in the United States, overseas...more

Termination Notice Periods Extended in Brazil—With Retroactive Effect!

Terminations in Brazil are tricky enough. If “just cause”—which is statutorily established and defined—does not exist, an employer can be on the hook for quite a bit, including indemnities and taxes tied to the balance in the...more

Proposed Changes to California Franchise Law Would Limit Franchisors’ Termination and Nonrenewal Rights

The California Small Business Investment Protection Act, Assembly Bill 1141, was recently proposed and makes several changes to California’s current franchise laws, the Franchise Relations Act and the Franchise Investment...more

Global HR Hot Topic - February 2013: Threshold Dismissal Circumstances Overseas: Good Cause, Economic Necessity, Employee Rank and...

Challenge: Multinationals facing overseas dismissals too often skip ahead to check local laws on pre-termination notice, severance pay and dismissal procedures. But often, threshold circumstances override these...more

Fenwick Employment Brief - January 2013

In This Issue: *FEATURE ARTICLES - New Pregnancy and Disability Regulations for California Employers - Washington Federal Court Declines to Uphold Broad Non-compete Restrictions Against California...more

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