News & Analysis as of

Layoffs Adverse Employment Action

Morgan, Brown & Joy, LLP

Massachusetts Appeals Court Decision Reminds Employers That Succession Planning Must Be Handled With Care

There is no doubt that employers have a legitimate interest in succession planning. However, a recent Massachusetts Appeals Court decision underscores the importance of utilizing and communicating age-neutral criteria when...more

Littler

British Columbia, Canada Court Deducts CERB From Employee’s Damages for Wrongful Dismissal

Littler on

To date, few decisions in Canada have considered whether the amount of the Canadian Emergency Response Benefit (CERB) employees receive after their job termination should be deducted from their damages in lieu of common law...more

FordHarrison

Halloween Firings of Yore: Frightening Guidance from ‘The Office’

FordHarrison on

Halloween is tomorrow, and we are flashing back to a Halloween-themed episode from one of my favorite shows: The Office....more

Ogletree, Deakins, Nash, Smoak & Stewart,...

Ninth Circuit Finds ADA Claims Brought by Employee With Cerebral Palsy Can Go Forward

Facially neutral decisions that are part of routine workforce reductions may not hold up in court if the only employee to be discharged in a group belongs to a protected class. In Schwartz v. Clark County, No. 14-16365 (May...more

Sherman & Howard L.L.C.

“Cat’s Paw” Evidence Insufficient to Prove That Age was “But For” Cause of Employee’s Layoff

We have reported in past newsletters that, because the Age Discrimination in Employment Act is worded differently from Title VII and other discrimination laws, a plaintiff in an ADEA case must prove that age discrimination...more

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