News & Analysis as of

Termination Breach of Contract

Foley & Lardner LLP

Manufacturer Acted Reasonably in Terminating a Franchisee for Failure to Abide by Agreement

Foley & Lardner LLP on

Tasty Baking Company (“Tasty”), a manufacturer of prepackaged goods, terminated Distefano, Inc. (“Distefano”), Maryland-based owner of a franchise with rights to sell Tasty products in a prescribed area called a “route.”...more

BCLP

Unlawful Deductions Claims and Tricky Time Limits

BCLP on

This week we consider a new EAT decision that emphasises the difficulties of making assumptions about tribunal time limits, particularly the date from when time starts to run....more

Allen Matkins

Court Of Appeal Holds Stock Options Are Not Wages, But Damages Need Not Be Measured At The Time Of Breach

Allen Matkins on

As an employee of Skillz Inc., Gautam Shah received awards of stock options.  Under the Skillz plan, Mr. Shah could exercise his vested options within three months of his termination of employment.  However, his options...more

Conn Kavanaugh

Residential Construction Projects: Pre-construction Part 1

Conn Kavanaugh on

This Article is Part 1 in a series of articles discussing common considerations that homeowners should look for before, during, and after a residential construction project. Part 1 focuses on arguably the most important...more

Rumberger | Kirk

McHugh, Thomas, and the Long-Term Risk of California Insurance Code Sections 10113.71 and 10113.72

Rumberger | Kirk on

In 2012, the California Legisla­ture enacted changes to the California Insurance Code that provide protections intended to shield consumers from los­ing life insurance coverage due to late or missed insurance premium...more

BCLP

UK HR Two Minute Monthly - February 2022

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Our February update covers key employment law developments from January 2022. It also includes recent cases on gross misconduct/lodging multiple and vexatious grievances, if a “franchisee” delivery driver with rights of...more

Faegre Drinker Biddle & Reath LLP

Minnesota Supreme Court Rules That Handbook Policies Can Be Contractual Notwithstanding Disclaimer

In a recent 5-2 decision, Hall v. City of Plainview, the Minnesota Supreme Court held that a general contract disclaimer in an employee handbook did not, as a matter of law, nullify a breach of contract claim with respect to...more

Dorsey & Whitney LLP

Employee Handbooks (and Policies): Make Sure that the Policies and Disclaimer Accomplish their Purpose

Dorsey & Whitney LLP on

On February 3, 2021, in Hall v. City of Plainview, A19-0606, the Minnesota Supreme Court gave something to employees and employers alike when it addressed the issue of whether a handbook policy can create a unilateral...more

McGlinchey Stafford

Florida Real Property And Business Litigation Report, Volume 14, Issue 2

McGlinchey Stafford on

Black Knight Servicing Technologies, LLC v. PennyMac Loan Services, LLC, Case No. 1D20-1492 (Fla. 1st DCA 2021). The filing of a separate lawsuit raising separate claims against a separate entity does not establish an...more

Littler

Ontario, Canada Court Confirms Employers that Revoke Accepted Employment Offers May be Liable for Damages

Littler on

In Kim v. BT Express Freight Systems (2020), 317 A.C.W.S. (3d) 255, Ontario’s Superior Court confirmed that an employer may be liable for damages if it withdraws an accepted offer of employment or terminates employment...more

McDermott Will & Emery

Cookie Crumbles Against Injunction Granted to Terminated Trademark Licensee

Concluding that a terminated exclusive trademark licensee failed to establish the elements required to impose a preliminary injunction, the US Court of Appeals for the 10th Circuit reversed the district court’s grant of a...more

Littler

Littler Global Guide - United Kingdom - Q2 2018

Littler on

Data Protection Act 2018 Enacted - New Legislation Enacted - Effective May 25, 2018, the UK Data Protection Act transposes the EU General Data Protection Regulation (GDPR) into UK law, thereby replacing the Data...more

Carlton Fields

Fourth Circuit Upholds Arbitration Award Involving Termination of Employee

Carlton Fields on

Affirming the trial court’s ruling, the Fourth Circuit upheld the denial of a motion to vacate or modify an arbitration award involving the termination of an employee. ...more

McDermott Will & Emery

Mississippi Court Dismisses Multiple Claims in Distributor Termination Case

On December 15, 2017, a Mississippi trial court issued a series of orders dismissing a substantial number of the claims brought in Rex Distributing Company v. Anheuser-Busch et al., 2nd Cir. Court No. 24C11:17-cv-00033...more

Jackson Lewis P.C.

Former Big League Pitcher Awarded More Than $1.5 Million For Wrongful Termination

Jackson Lewis P.C. on

A New Jersey jury in the Superior Court of New Jersey for Camden County has awarded former Major League Baseball pitcher Mitchell Williams $1,565,333 in a wrongful termination action he filed against MLB Network, Inc....more

Ballard Spahr LLP

Pa. Superior Court Affirms Punitive Damage Award in Breach of Noncompetition Agreement

Ballard Spahr LLP on

The Pennsylvania Superior Court has affirmed a lower court ruling that assesses punitive damages against several individuals and their new employer resulting from their en masse departure from a previous firm and, in the...more

Foley Hoag LLP

SJC Finds that Employee’s Unauthorized Copying of Proprietary Information Did Not Give Employer Grounds to Discontinue Severance

Foley Hoag LLP on

On February 4, 2016, the Massachusetts Supreme Judicial Court (SJC) held in Eventmonitor, Inc. v. Leness that an employer breached its agreement with a former employee when it reclassified the employee’s termination from...more

McCarter & English, LLP

Unionized Workforce Alert: “Last Chance” Agreement Gives Fired Employee Another Chance – Six Years Later

The scenario is familiar to most employers that manage employees covered by a collective bargaining agreement: a union challenges the termination of a bargaining unit member, and the parties face an uncertain outcome before...more

Fisher Phillips

Contracts May Not Be All They're Cracked Up To Be: The Extension Of Legal Protections In Employee Contractual Settings

Fisher Phillips on

For many years, employers have generally embraced a policy of utilizing at-will employment as often as possible, where employers and employees can end their relationship with each other at any time and for any (legal) reason....more

Proskauer Rose LLP

The ERISA Litigation Newsletter - October 2015

Proskauer Rose LLP on

Editor's Overview - This month, we review the Second Circuit's ruling in New York State Psychiatric Ass'n, Inc. v. UnitedHealth Grp. wherein the Second Circuit ruled that: (i) a provider association has associational...more

Faegre Drinker Biddle & Reath LLP

Collective Redundancy Consultation

In E Ivor Hughes Educational Foundation v Morris UKEAT/0023/15, the Employment Appeal Tribunal (EAT) considered the implications of an employer’s failure to consult with its employees in breach of U.K. collective redundancy...more

Dickinson Wright

Franchise and Distribution News - July 2015

Dickinson Wright on

A VIEW FROM TWIN PEAKS - Quick. Define Twin Peaks. Other than the obviously now dated TV show, up until a couple of weeks ago, the only other definition of Twin Peaks was a restaurant chain that featured double entendre...more

Fisher Phillips

Employment Law in Colombia: Part III

Fisher Phillips on

This article is the third in a series which provides an overview of the basics of employment law in Colombia and will focus on laws governing employment terminations, including just cause reasons for terminating the...more

Mintz - Employment, Labor & Benefits...

No Fault Employment?

The divorce metaphor bears fruit yet again when it comes to the employment relationship. To this mix I add the concept of “no fault” divorce and the reasons employment ends. A “no fault” divorce permits a spouse to end a...more

Jaburg Wilk

What is Wrongful Termination in Arizona?

Jaburg Wilk on

Phoenix Business law firm Jaburg Wilk's Employment Law attorney Kraig J. Marton discusses what wrongful termination is in Arizona such as illegal discrimination, retaliation and breach of an employment contract. He also talks...more

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