News & Analysis as of

Speaker of the U.S. House of Representatives Set to Resign at End of October

On September 25, the Speaker of the U.S. House of Representatives, Rep. John Boehner (R-OH) issued a statement announcing that he will resign both his Speakership and congressional seat on October 30. ...more

Misconduct in the C-Suite: The United Airlines Scandal

It was like a bolt out of the blue – United Airlines’ CEO and two senior executives hastily announced their resignation as a result of their involvement in a bribery scandal with the New York Port Authority....more

Guatemalan President Resigns

As of yesterday, Alejandro Maldonado Aguirre is the new president of Guatemala, following the abrupt resignation of Otto Perez Molina. Mr. Perez Molina now faces an arrest warrant on charges of corruption for conspiring with...more

Top Ten Things to Do When an Employee Resigns to Join a Competitor

When an employee resigns to join a competitor, it is important to respond promptly. Odds are that the employee has been orchestrating his or her departure for weeks or months. The security of your trade secrets and/or...more

Top Ten Mistakes Made by Departing Employees

Recently, I wrote about the top ten things a company should do when an employee resigns to join a competitor. But what about the flip side of that coin? What mistakes should be avoided by departing employees and the firms...more

Use it or lose it: French courts reject procedural objections not raised at the earliest opportunity

The Paris Court of Appeal has issued a stark warning to litigants who fail to raise procedural objections at the earliest opportunity, denying parties the right to raise those objections in a subsequent challenge to the...more

Employee's Resignation in Midst of Interactive Accommodation Process Dooms ADA Claim

Employers understand that in the event that an employee requests a workplace accommodation due to a disability, they are legally required to explore the accommodation with the employee through the “interactive process.”...more

Employee’s Failure to Participate in Interactive Process Dooms ADA Claim

A diabetic employee who quit her job in response to her employer’s rejection of her suggested “reasonable accommodation” cannot support claims under the Americans with Disabilities Act (ADA), according to the First Circuit...more

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

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

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