News & Analysis as of

Termination

Constructive Discharge

by Zelle LLP on

The concept of constructive discharge appears regularly in employment law cases and commentary, but we’ve found that it’s not always well understood. Because a constructive discharge can have all the consequences of a typical...more

From the Tinfoil Hat Files: Plaintiff Sleeping on the Job Claims Sensitivity to Electromagnetic Voltage

The 7th Circuit, in a short opinion issued April 6, zapped a plaintiff’s claim that he was terminated in violation of the ADA based on his condition of being overexposed to electromagnetic voltage at his job. Mr. Hirmiz, a...more

Employment Law - April 2017

Eleventh Circuit: Title VII Doesn’t Prohibit Sexual Orientation Discrimination - Why it matters - In a decision that is already being cited in other courts around the country, the U.S. Court of Appeals for the Eleventh...more

Fourth Circuit Upholds Termination of Public Employee for Social Media Comments

A politically divided nation can mean a politically divided workplace. While employers generally hesitate to react to employees’ expression of political views, some comments viewed as extreme, threatening or inconsistent with...more

Episode 11: Legal and Business Issues Stemming From Employees' Out-of-Work Conduct [Audio]

by Akerman LLP on

Matt welcomes Angela Corridan, Director of Labor & Employment Law for JetBlue Airways Corporation, and Ron Palmese, General Counsel for Shake Shack, to generally discuss both employees' and employer's increased social and...more

Termination of Employment in Ontario

by Dickinson Wright on

The cost of terminating the employment of an employee in Ontario depends upon a mixture of contract provisions, common law and statute. The rules under the Employment Standards Act, 2000 about the termination of employment...more

Third Circuit: No Direct Evidence Needed for Mixed-Motive Jury Instruction in FMLA Retaliation Cases

by Jackson Lewis P.C. on

A former employee alleges that he was terminated because he exercised his right to take intermittent leave under the Family and Medical Leave Act. His former employer asserts that his FMLA leave had nothing to do with his...more

Alberta Announces Overhaul of Workplace Laws

Alberta’s government is taking the pen to the province’s workplace legislation. As announced on March 13, 2017, the Employment Standards Code (Employment Standards) and the Labour Relations Code (Labour Code) will be the...more

Employment News - March 2017 #4

by Hogan Lovells on

Lack of communication – contractual dismissal notice only took effect when received - In Newcastle Upon Tyne NHS Foundation Trust v Haywood the Court of Appeal has decided that contractual notice of dismissal only took...more

What Does “At Will” Employment Really Mean?

by Shipman & Goodwin LLP on

Years ago, I recall having a friendly conversation with another attorney in Connecticut where the topic turned to the notion of “At Will” employment. When we couldn’t settle on an answer, we moved on to talking about...more

4.5 Million Disability Discrimination Verdict Against Auto Dealer Who Failed to Investigate

by Jackson Lewis P.C. on

A federal jury in Florida has awarded $4.5 million against an auto dealer for claims of disability discrimination under the Florida Civil Rights Act (FCRA). Axel v. Fields Motorcars of Florida, Inc., No. 8:15-cv-893-17JSS...more

Fear of Failure – Terminating Employees with Extensive FMLA and non-FMLA Absences

by Jackson Lewis P.C. on

It’s a scenario that frustrates many employers. An employee with extensive intermittent FMLA absences, possibly including absences for different covered reasons, is also absent for many unspecified or unprotected reasons...more

Employee Suspected of Drug Diversion Could Not Establish “Regarded as Disabled” Claim

by Jackson Lewis P.C. on

An appellate court recently affirmed summary judgment in favor of a hospital that terminated the employment of a nurse for diverting medications, rejecting her claim that she had been perceived to be a drug addict by her...more

You Can’t Fire Me for Drug Diversion If I Am Personally Consuming the Drugs

by BakerHostetler on

A nurse employed by a major medical center was suspected of illegally diverting medications. When confronted by her employer with evidence of suspicious transactions recorded by the provider’s medication monitoring systems,...more

More Lessons from Uber — Terminations Without Due Process Are Not the Answer

by Fox Rothschild LLP on

Yes, I am still obsessed about all things Uber these days. That said, I have been ruminating over one development last week that just didn’t sit right with me. On the one hand, I know firsthand how that bro-centric...more

Saudi Ministry of Labor Restricts Terminations

by Jones Day on

On 29 January 2017, the Saudi Minister of Labor issued Resolution No. 50945 ("Resolution") restricting termination of groups of Saudi employees for redundancy. This significant development comes at a time when many employers...more

Alberta Law Clarified on Scope of Good Faith in Contract and Incentive Pay Eligibility

by Field Law on

Styles v. Alberta Investment Management Corporation, 2017 ABCA 1 (Styles) was the first decision rendered by the Court of Appeal of Alberta in 2017, and contains some noteworthy ramifications for employers. This case dealt...more

Termination Due Diligence

by Zelle LLP on

The decision to terminate an employee is often difficult. Whether driven by economic necessity or based only on performance, it usually involves (and often requires) an analysis of the employee’s job history. When performance...more

How An Employee/Shareholder Can Protect Oneself Against Oppression

Because termination of one’s employment does not necessarily equate to shareholder oppression under New Jersey law, as seen in my last post, it is often a good idea to take proactive measures to inoculate yourself against a...more

Termination of Employment as Minority Shareholder Oppression

A common theme among minority shareholders seeking legal representation is termination of employment. Readers of this blog may be aware that termination can often constitute minority shareholder oppression, warranting a...more

Gross negligence

by Dentons on

It is rare for an employer to rely on an employee's negligence as a sufficient reason to dismiss. This is particularly the case where there has been a one-off error. Also, it is likely that a more reasonable approach would be...more

Is This The Definitive Word on Termination Provisions/Consideration?

by Dentons on

A series of Ontario cases dating back to 2012 has put into issue the question of what does, or doesn’t, make a termination provision enforceable.  After a number of recent employer-friendly decisions, the Ontario Court of...more

Third Circuit Upholds Termination of Employee Based on DUI During FMLA Leave

Employers sometimes receive information about employees on medical leave that makes them question the legitimacy of the leave request. For example, an employee who is approved for Family and Medical Leave to care for a sick...more

Honesty is the Best Policy

May an employer fire an employee for lying about the reason for an absence? In a recent decision, the Connecticut Appellate Court said “yes.” Orlando Martinez worked for Polar Industries as a machine operator. He was...more

What is a Reasonable Accommodation under the Americans with Disabilities Act? The City of Philadelphia’s Costly Reminder to...

by Fisher Phillips on

On July 9, 2012, David Moore filed a Charge with the United States Equal Employment Opportunity Commission (“EEOC”) (Charge No. 530-2012-02470) alleging that the City of Philadelphia failed to reassign him to a new job as a...more

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