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Employer Liability Issues Hiring & Firing Severance Pay

Littler

10 Things Employers Should Know About Korean Labor Law

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Korea is an important economy in Asia with significant business opportunities. Multinational companies engage workers in Korea in all industries – from manufacturing to technology to finance. It is important to realize,...more

Littler

Ontario, Canada Court Finds Employer Repudiated Employment Agreement When it Failed to Pay Employee’s Contractual Severance

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In Timmins v. Artisan Cells, 2025 CanLII 2387, Ontario’s Superior Court of Justice found, in an undefended claim, that the employers “by their correspondence and actions” repudiated the employee’s employment agreement when...more

Fisher Phillips

Despidos en Alemania: Guía legal para empresas provenientes de los Estados Unidos

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Descubre los aspectos esenciales del proceso de despido en Alemania en nuestra guía legal para empresas estadounidenses. Conoce las estrictas leyes laborales, desde la necesidad de razones válidas para despedir hasta la...more

Fisher Phillips

Mastering Employee Terminations in Germany: A Practical Guide for U.S. Employers

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Navigating Germany's strict termination and severance rules can be daunting for U.S.-based companies. Unlike in the U.S., German law requires valid reasons for termination, formal warnings, and strict adherence to notice...more

Freeman Law

Nothing is Forever | Texas Law and Considerations for Severance Pay and Agreements

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All employment relationships end. That’s a fact. Sometimes, the employer decides to offer a severance package to the employee-to-be-separated. Severance agreements generally give the employer and employee a clean and...more

Stikeman Elliott LLP

The reasonable person test—When constructive dismissal becomes employee’s failure to minimize damage

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On February 1, 2024, the Superior Court of Quebec decided that a senior executive with 35 years of service who had been constructively dismissed was not entitled to severance pay because he had declined the new position the...more

Mayer Brown

Guide to Employment Law in Hong Kong

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Overview - The primary piece of legislation, the Employment Ordinance (the “EO”), prescribes certain basic rights and protection for most employees. The EO applies to every employee engaged under a contract of employment...more

Constangy, Brooks, Smith & Prophete, LLP

"Quiet firing": A bad idea

Better to have the courage of your convictions. I'm sure you've heard of "quiet quitting," when an unhappy employee does the bare minimum to get by and keep drawing a paycheck, but doesn't care much about the job beyond...more

Poyner Spruill LLP

Legal Considerations When Downsizing Your Workforce

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With a weakening economy, many employers are now facing tough cost reduction decisions, which include possible separation of employees. Once it is decided to implement a reduction in force, the employer must make a further...more

Poyner Spruill LLP

Broad Confidentiality and Non-Disparagement Provisions in Release Agreements Subject to NLRB Scrutiny

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On February 21, the National Labor Relations Board (NLRB) issued an opinion with significant implications for confidentiality and non-disparagement provisions in employers’ severance and release agreements with departing...more

Troutman Pepper Locke

Significant Changes Are Coming to the ‎New Jersey WARN Act – ‎What Large Employers ‎Need to Know

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Most employers are generally familiar with the federal Worker Adjustment and Retraining Notification Act (“WARN”), which offers protection to workers by requiring employers to provide notice sixty (60) days in advance of...more

Fisher Phillips

New Jersey’s Significant and Expansive WARN Act Amendments Will Soon Go Into Effect: 4 Key Changes You Should Know About

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Since January 2020, New Jersey employers have been watching and waiting for the effective date of key amendments to the state’s mass layoffs law – formally the Millville Dallas Airmotive Plant Job Loss Notification Act, but...more

Littler

Signed, Sealed, Delivered: New Jersey Implements Long-Delayed Landmark WARN Law

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On January 10, 2023, Governor Philip D. Murphy signed into law S3162 / A4768, which makes the 2020 amendments to NJ WARN effective 90 days from his signature, irrespective of whether a State of Emergency still exists....more

Skadden, Arps, Slate, Meagher & Flom LLP

Reductions in Force: Legal Do’s and Don’ts

Reductions in force (RIFs) are making headlines as companies trim their worker ranks in the face of a weakening economy. Employers must decide whether to implement voluntary or involuntary RIFs (or both); the considerations...more

Littler

New Jersey Edges Closer to Implementing Landmark WARN Law

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A bill advancing in the New Jersey Legislature would expedite the implementation of significant changes to the state’s WARN law. Back in January 2020, Governor Philip D. Murphy signed into law Senate Bill 3170, which...more

BCLP

PRC Legal Update: Termination of Employment in China and Issues to Note during Covid-19 Pandemic

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Termination of employment by employers in China is virtually never easy even in absence of a crisis situation. When it comes to the economic downturn, employee dismissal becomes far more sensitive....more

Littler

Alberta, Canada: Court Uses Oppression Remedy to Hold Corporate Directors Personally Liable for Wrongful Dismissal Damages

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In Wisser v CEM International Management Consultants Ltd, 2022 ABQB 414 (CEM International), the court used the oppression remedy to hold directors of a corporation personally liable for damages for wrongful dismissal after...more

Proskauer Rose LLP

No Temporary Relief for NYC Hotels from Severance Law

Proskauer Rose LLP on

As previously discussed, the New York City Council passed a law at the end of last year requiring certain hotels in the City to pay eligible employees weekly severance payments for up to 30 weeks. There were swift legal...more

Stikeman Elliott LLP

The High Cost of Reinstatement for Québec Employers

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On January 20, 2022, the Administrative Labour Tribunal (the “Tribunal”) awarded an employee dismissed without cause, termination pay in the amount of $716,970.71 as well as an indemnity for lost wages, loss of pension...more

Littler

Alberta, Canada: Arbitrator Decides COVID-19 Pandemic is Cataclysmic Event that Did Not Trigger Entitlement to Severance Under...

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In United Utility Workers’ Association of Canada v Dataco Utility Services Ltd., 2022 CanLII 13414 (AB GAA), Arbitrator John Moreau, Q.C., dismissed 11 grievances filed on behalf of 11 service technicians (Grievors) of Dataco...more

Hogan Lovells

Verhandlung von Freiwilligenprogrammen erleichtert - BAG passt seine Rechtsprechung an

Hogan Lovells on

Das Bundesarbeitsgericht (BAG) räumt mit einer Entscheidung des Landesarbeitsgerichts Nürnberg (LAG Nürnberg vom 14. Oktober 2020, 2 Sa 215/20) auf. Diese hielt ein Freiwilligenprogramm für unzulässig, weil es zeitlich mit...more

Fisher Phillips

Too Many People, Not Enough Cars: 5 Considerations if Your Dealership Needs to Conduct Reductions-in-Force

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Until now, having a reduction-in-force in the sales department of a retail automotive dealership was about as rare as selling vehicles at MSRP. Thanks to a combination of factors, including the pandemic and the chip shortage,...more

Faegre Drinker Biddle & Reath LLP

Employers – Check Your Severance Arrangements Now!

If employees are required to provide proof of COVID-19 vaccination or a timely negative COVID-19 test, and/or wear a mask as a condition of employment (COVID-19 Policies), and an employee is terminated for violating a...more

Fisher Phillips

Employers with Limited Canadian Presence May Be Required to Fulfill Significant Severance Obligations Thanks to Recent Court...

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A Divisional Court in Ontario, Canada recently issued a ruling that could have significant potential extra-jurisdictional consequences for U.S. employers with even a single employee based in Canada. The court’s June 15...more

Littler

Ontario, Canada Court Decides Employer’s Liability for Severance Depends on Size of its Global Payroll

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The recent Ontario decision, Hawkes v. Max Aicher (North America) Limited, 2021 ONSC 4290 (Max Aicher), establishes that global employment is factored into the calculation of an employer’s payroll under s. 64 of the...more

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