News & Analysis as of May 1, 2025

Termination

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Hiring & Firing refers to the process of recruiting, interviewing and offering employment and the process of evaluating performance and dismissing employees. Hiring & Firing is a highly regulated area and can create tremendous liability for employers who fail to properly adhere to acceptable employment practices. Some of the potential pitfalls in this area stem from discriminatory hiring practices, improper performance evaluations, and retaliatory firings. less -

British Columbia and Ontario: Two Diverging Approaches to Interpreting Termination Provisions

Blake, Cassels & Graydon LLP on 4/3/2025

Overview - Employers increasingly face challenges regarding whether termination provisions in their employment agreements will be determined to be enforceable if challenged in court. As we continue to see increasing court...more

Beyond Silence: South Carolina Supreme Court Ruling Clarifies Acceptance in Employment Arbitration Agreements

Haynsworth Sinkler Boyd, P.A. on 3/25/2025

In Lampo v. Amedisys Holding, LLC and Leisa Victoria Neasbitt, the South Carolina Supreme Court establishes important legal precedent regarding contract formation for arbitration agreements between employers and employees....more

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

Littler on 2/21/2025

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

Sooner the Better: Employers in Canada Should Really Review Their Termination of Employment Clauses

Mintz - Employment Viewpoints on 1/30/2025

A recent Ontario Court of Appeal (“ONCA”) decision signals a pressing need for Canadian employers to review and consider updating their contractual termination of employment provisions. Otherwise, employers are at risk of...more

Did the Punishment Fit the Claim? Employer Hit With $25,000 in Punitive Damages for Making Statutory Entitlements Subject to a...

Stikeman Elliott LLP on 1/21/2025

In its recent decision, Thompson v Revolution Resource Recovery Inc.2025 BCSC 8 (“Thompson”), the Supreme Court of British Columbia (the “Court”) made a $25,000 punitive damages award against an employer for attempting to...more

Hungry for Consideration in Employment Agreements: Are Peppercorns Off the Menu for Employers?

Stikeman Elliott LLP on 1/9/2025

In the recent decision of Sui v HungryPanda Tech Ltd., 2024 BCSC 1856 (“HungryPanda”), the Supreme Court of British Columbia invalidated a termination provision in an employment agreement by finding the employer had failed to...more

Three Key Considerations in Crafting Effective Multistate Separation Agreements

Ogletree, Deakins, Nash, Smoak & Stewart,... on 9/19/2024

One of the main reasons for a separation agreement with an employee is to obtain an effective release of claims against the employer. However, ensuring release agreements are effective and enforceable is becoming increasingly...more

U.S. National Labor Relations Board Restricts Confidentiality and Non-Disparagement Terms for Separation and Release Agreements

Dorsey & Whitney LLP on 4/18/2023

Employers have frequently included confidentiality and non-disparagement terms in their separation and release agreements. Confidentiality terms help ensure that employees won’t brag to coworkers about large payouts and...more

UK HR Two-Minute Monthly: March 2023

BCLP on 3/23/2023

Our March update includes new cases on whether a “without prejudice” letter attaching a settlement agreement and referring to a termination by mutual agreement can be an effective dismissal letter, the role of written...more

The Practical NLRB Advisor: Winter 2023

Ogletree, Deakins, Nash, Smoak & Stewart,... on 3/17/2023

Ogletree Deakins’ Traditional Labor Relations Practice Group is pleased to announce the publication of the Winter 2023 issue of the Practical NLRB Advisor. This issue provides an overview of a host of controversial decisions...more

NLRB Decision Limits Use of Non-Disparagement and Confidentiality Provisions

Harris Beach Murtha PLLC on 3/16/2023

On February 21, 2023, the National Labor Relations Board (the “Board”) issued a decision that returns to previous precedent, holding that employers may not offer employees severance agreements that require employees to...more

NLRB Restricts Use of Confidentiality and Non-Disparagement Provisions

WilmerHale on 3/6/2023

On February 21, 2023, the National Labor Relations Board (the “Board”) issued a decision restricting the use of confidentiality and non-disparagement provisions in severance agreements with departing employees....more

Can employers require employees to accept confidentiality and non-disparagement obligations in exchange for severance pay?

Dorsey & Whitney LLP on 3/3/2023

Employee reductions and terminations are an unfortunate result of economic downturns. Even during good economic times, many companies face the need to reduce their workforce or terminate the employment of individual...more

NLRB Restricts Use of Confidentiality and Nondisparagement Clauses in Severance Agreements

Miles & Stockbridge P.C. on 3/1/2023

The National Labor Relations Board last week sent employers into a frenzy over their severance agreements when it declared most standard nondisparagement and confidentiality provisions unlawful and held that even the mere...more

Recent NLRB Decision Significantly Impacts Employee Releases and Separation Agreements

Laner Muchin, Ltd. on 3/1/2023

The National Labor Relations Board recently issued a decision in McLaren Macomb, holding that employers may not offer severance agreements that require employees to agree to non-disparagement or confidentiality provisions...more

NLRB Concludes that Separation Agreement Provisions Prohibiting Disparagement and Requiring Confidentiality of Agreement Terms...

Goodwin on 2/28/2023

In its recent decision in McLaren Macomb, the National Labor Relations Board (“NLRB” or the “Board”) concluded that provisions in employment separation agreements prohibiting disparagement of the employer and requiring...more

NLRB Limits the Scope of Confidentiality and NonDisparagement Covenants

Latham & Watkins LLP on 2/28/2023

Employers should review and tailor their confidentiality and non-disparagement covenants to mitigate risk of a finding that such covenants are unlawful. On February 21, 2023, the National Labor Relations Board (the NLRB)...more

NLRB Bars Confidentiality and Non-Disparagement Provisions in Severance Agreements

Benesch on 2/28/2023

In a ruling on February 21st, the National Labor Relations (NLRB or “Board”) revoked employers’ ability to require their employees to keep the terms of severance packages confidential and to not disparage the company as part...more

NLRB Restricts Use of Severance Agreements with Broad Confidentiality/Non-Disparagement Clauses

Holland & Knight LLP on 2/27/2023

The National Labor Relations Board (NLRB or the Board) on Feb. 21, 2023, issued a decision (McLaren Macomb, 372 NLRB No. 58) that significantly restricts an employer's right to present employees with or enforce severance and...more

NLRB Declares Confidentiality and Non-Disparagement Provisions in Severance Agreements Unlawful

Ervin Cohen & Jessup LLP on 2/27/2023

Over the last few years, employers throughout the United States have enjoyed some measure of protection from former employees who signed severance agreements....more

Tales from the NLRB: When Terminating an Employee, Confidentiality and Non-Disparagement Provisions Are ULPs

Williams Mullen on 2/27/2023

The National Labor Relations Board (Board), in a bold move on February 21, 2023, decided that employers commit an unfair labor practice act (ULP) under the National Labor Relations Act (NLRA) when they merely offer severance...more

NLRB Resumes Attack on Confidentiality and Nondisparagement Provisions

BCLP on 2/24/2023

This week, the National Labor Relations Board overturned Trump-era precedent and returned to its previous hostility to confidentiality and nondisparagement provisions in agreements with employees. In McLaren Macomb, 372 NLRB...more

NLRB Places NDAs and Non-Disparagement Agreements with Rank and File Employees in its Cross-Hairs

Genova Burns LLC on 2/24/2023

On February 21, 2023, in McLaren Macomb, 372 NLRB No. 58, the NLRB made a broadside attack on precedent and confidentiality and non-disparagement provisions in severance agreements signed by rank and file employees. This...more

Severing from Precedent: NLRB Restricts Employers' Ability to Include Standard Confidentiality and Non-Disparagement Provisions in...

BakerHostetler on 2/24/2023

On February 21, the National Labor Relations Board (“NLRB” or “Board”), as anticipated, issued a decision in McLaren Macomb that reversed several Trump-era rulings that generally had allowed employers to proffer severance...more

NLRB Holds Confidentiality, Nondisparagement Provisions Illegal in Severance Agreements Presented to Section 7 Employees

Ogletree, Deakins, Nash, Smoak & Stewart,... on 2/23/2023

Employers routinely include terms in severance agreements: (1) requiring the fact and contents of the agreement, including the amount of severance, be kept confidential by the signing employee; and (2) prohibiting the signing...more

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Hiring & Firing › Contract Terms › Termination

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