Resignation

News & Analysis as of

Gariepy: When is a director’s resignation effective?

In Gariepy v. the Queen (2014 TCC 254), the Tax Court considered (i) whether two directors had effectively resigned from their positions, and (ii) if not, whether the directors were duly diligent in seeking to prevent the...more

If I settle my case am I going to have to quit my job? 100 frequently asked questions

Often, but not always, an employer will ask you to resign as part of a certain type of settlement. Those settlements usually are significantly larger than being paid for your rating. When you take your rating it is extremely...more

Employer’s Refusal to Rescind a Resignation Does Not Amount to Unlawful Retaliation, District Court of New Jersey Holds

The United States District Court for the District of New Jersey recently held that an employer’s refusal to rescind a resignation does not amount to unlawful retaliation under 42 U.S.C. § 1981 (which follows the same standard...more

Delaware Supreme Court: Directors May Resign by Oral Statement

Last month, in Biolase, Inc. v. Oracle Partners, L.P. (Del. June 12, 2014), the Delaware Supreme court affirmed the oral resignation of a director while on a board call....more

Commissioner Andrea C. Roche Announces Resignation

According to the South Carolina Workers’ Compensation Commission (SCWCC), Commissioner Andrea C. Roche has announced her resignation. The following is courtesy of the SCWCC....more

Resignation and Constructive Dismissal

In Chindove v William Morrisons Supermarket Plc UKEAT/0201/13/BA, the Employment Appeal Tribunal (EAT) considered whether an employee had lost the right to claim constructive dismissal because he had delayed in resigning....more

Biolase v. Oracle Partners, L.P., C.A. No. 9438 (Del. June 12, 2014)

In this expedited appeal from a post-trial decision of the Court of Chancery, the Delaware Supreme Court affirmed the Court of Chancery’s holding that, under 8 Del. C. § 141(b), directors may resign by verbal statements,...more

Oracle Partners, L.P., v. Biolase, Inc., C.A. No. 9438-VCN (Del. Ch. May 21, 2014) (Noble, V.C.)

In this post-trial memorandum opinion, the Court of Chancery ruled on the board composition of Defendant and Counter-Plaintiff Biolase, Inc. (“Biolase”). The Court declared that only one of two contested director...more

Why Biolase v. Oracle Partners, L.P. May Not Be The Last Word On Resignations

Yesterday, I mentioned the Delaware Supreme Court’s recent holding in Biolase, Inc. v. Oracle Partners, L.P., 2014 Del. LEXIS 278 (Del. June 12, 2014). In an opinion written by Chief Justice Leo E. Strine, Jr., the Supreme...more

May A Director Resign By Telling Another Director “I Quit”?

Suppose in a fit of pique, a director telephones a fellow director and announces that she is quitting the board. Has the director resigned? California Corporations Code Section 305(d) provides...more

Hospital Accepts Physician’s Invitation To Defame Him

A Vermont doctor sued a hospital for defaming him. The court agreed he’d been defamed but threw the case out anyway. Why? Because the physician had “invited” the defamation. The hospital merely accepted the invitation....more

Final Pay Facts: How To Pay So That You Don’t Pay

A few months ago I posted a blog article that outlined the basic rules on when a terminated or resigning employee must be paid his or her final wages in the State of California (“Payments Upon Termination of Employment: Is...more

Improve Compliance Of Retirement And Group Health Plans In 2014

Retirement plan fiduciaries should consider the following best practices to improve their plan’s governance in 2014: (i) if fiduciary duties have been delegated, make certain that the delegations are in writing and are being...more

Payments Upon Termination Of Employment: Is Anyone Still Confused?

Most California employers know that an employee who is fired must be paid all of his or her wages, including accrued but unused vacation, immediately at the time of termination. Labor Code sections 201 and 227.3. However, I...more

Severance Agreements: What Are They Good For?

Employers frequently use severance agreement when terminating an employee or when an employee resigns with the hopes of reducing potential liability. In our practice, we often advise employers to offer severance pay that is...more

U.S. IP Coordinator Steps Down

The first United States Intellectual Enforcement Property Coordinator ("IPEC"), Victoria Espinel, has stepped down after four years in the position. During her tenure, Ms. Espinel worked to strengthen enforcement of...more

Governor Duke Announces Resignation From Federal Reserve Board

On July 11, the Federal Reserve Board announced that Governor Elizabeth Duke submitted her resignation effective August 31, 2013....more

Harassment, Once Removed

David Derr, a former employee of the Kern County Fire Department, filed a lawsuit against the department, his supervisor, James Rummell, and Kern County alleging Rummell repeatedly harassed Derr for having a lesbian daughter....more

Restrictive Covenant Alert – Two-Year Employment ‘Rule’

In a recent restrictive covenant case, the court’s apparent announcement of a two-year employment “rule,” which would apply whether (i) the employee resigned or was terminated, and/or (ii) the covenant was signed at the...more

Does "I Quit" Really Mean I Need FMLA Leave?

Imagine you have an employee who is out three weeks on a medical leave protected by the FMLA. The employee suffers from a serious mental condition (or some other chronic condition), which has required her to take FMLA...more

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