News & Analysis as of

Hiring & Firing › Employee Rights › Termination

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... more +
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 -
Bennett Jones LLP

Not So Dependable? BC Court Says Employers May Not Expect Dependent Contractors to Get Less Reasonable Notice than Employees

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In the recent decision of Ursic v Country Lumber Ltd., 2025 BCSC 970 (Country Lumber), the Supreme Court of British Columbia held that there is no presumption that dependent contractors ought to receive less reasonable notice...more

Littler

Washington State Enacts New Legislation to Define Employee Access to Their Personnel Records and Termination Information

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As many Washington employers are acutely aware, there exists sparse statutory guidance on how employers must respond to personnel file requests by their employees – and no statutory definition of what constitutes a “personnel...more

Blake, Cassels & Graydon LLP

Adapter la gestion de l’emploi en contexte d’imprévisibilité économique

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Dans un contexte économique imprévisible, les employeurs sont appelés à prendre des décisions complexes en matière de gestion des ressources humaines et à faire preuve d’agilité. Qu’il s’agisse d’une mise à pied, d’un...more

Constangy, Brooks, Smith & Prophete, LLP

Dads have workplace rights, too -- with a twist.

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Dad-of-seven will go to jury on religious discrimination. This sounds like the kind of thing that might happen to a woman, but this time it (allegedly) happened to a man. A devout Catholic man (we'll call him "Dad") was...more

Jackson Lewis P.C.

Increased Workplace Protections for Volunteer Emergency Service Providers in Montana

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On April 16, 2025, Montana Governor signed into effect HB 128: An Act Protecting Volunteer Emergency Service Providers From Termination by a Public or Private Employer Under Certain Conditions; and Providing for a Legal Cause...more

Parker Poe Adams & Bernstein LLP

Shifting Eliminated Position's Duties to Nondisabled Workers Not Evidence of Discrimination

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Employers sometimes believe that eliminating a job position instead of terminating an employee for poor performance gives them a "get out of jail free" card for purposes of avoiding legal claims associated with the decision....more

Jackson Lewis P.C.

Potential Unlawful Conduct + Employment Decisions: Wisconsin Court Redefines Arrest Record Discrimination

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The Wisconsin Supreme Court has clarified that non-criminal, municipal citations are covered by the prohibition on arrest record discrimination under the Wisconsin Fair Employment Act (WFEA). The court also narrowed the...more

Ius Laboris

Belgian Court Awards Compensation for Dismissal of Data Protection Officer

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A labour court in Brussels has issued one of the first published rulings on the question of whether Data Protection Officers are entitled to compensation if they are fired for performing their duties....more

Littler

Understanding Employment Terminations: A Comparative Analysis of the UK and Poland

Littler on

Termination of employment contracts is a critical aspect of labor law in both the UK and Poland, ensuring that employers and employees alike are aware of their rights and obligations in the event of contract dissolution....more

Hogan Lovells

Unjustified absence and termination of employment, news from the Ministry of Labour

Hogan Lovells on

The Ministry of Labour and Social Policies provides the first operational indications regarding the changes introduced by Law no. 203 of 13 December 2024 (so-called “Collegato lavoro”). In particular, the Ministry has...more

Ogletree, Deakins, Nash, Smoak & Stewart,...

UK Parliament Proposes Increased Penalties for Failure to Consult in a Collective Redundancy

Ogletree, Deakins, Nash, Smoak & Stewart,... on

The Employment Rights Bill has undergone significant amendments in March 2025 as it progresses through Parliament. Included in the amended bill are changes addressing redundancy and the controversial practice of “fire and...more

Orrick, Herrington & Sutcliffe LLP

CFPB, FDIC and OCC respond to court ruling by reinstating probationary employees

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On March 17, the CFPB, the FDIC, the OCC and other government agencies reportedly reinstated probationary employees that had been terminated as part of the Trump administration’s efforts to reduce the federal workforce....more

Dickinson Wright

Should You Use a Performance Improvement Plan?

Dickinson Wright on

A Performance Improvement Plan (“PIP”) is a long-standing HR tool for managing underperforming employees. Employers often use a PIP to document deficiencies and outline specific goals the underperforming employee must reach...more

Littler

Layoffs in Germany & Poland: Differences & Similarities

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As layoff procedures in Poland and Germany are anchored in the same EU Directive, their national regulations are similar in direction, but they still have their own flavor and local specificity. Germany and Poland share...more

Mintz - Employment Viewpoints

Key Employment Law Considerations for Canadian Businesses Impacted by Tariffs

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As of this writing, the Trump administration has implemented a 25% tariff on most Canadian goods imported into the United States. Canadian governments at all levels are preparing relief programs for local businesses, but...more

K&L Gates LLP

New York Proposal to Protect Workers Displaced by Artificial Intelligence

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On 14 January 2025, during her State of the State Address (the Address), New York Governor Kathy Hochul announced a new proposal aimed at supporting workers displaced by artificial intelligence (AI). This proposal would...more

Littler

Cross-Border Legal Perspectives: Comparing the UK’s and Germany’s Approaches to Unfair Dismissal

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Welcome back to our “cross-border perspectives” series, where we compare employment law and practice from an international perspective, drawing on the experience of local and international employment lawyers who deal with...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

Holland & Hart - Employers' Lawyers

Quick Q&A on Remote Work Policies

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Can remote polices from the pandemic be used against a company trying to bring employees back into the office? In certain circumstances, yes. Recently, courts have allowed juries to decide if onsite work is essential when the...more

Offit Kurman

Successful Strategies for Employee Transitions

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In this week's episode of OK at Work, attorneys Sarah Sawyer and Russell Berger from Offit Kurman discuss essential strategies for managing employee transitions. As the new year prompts organizational changes, they offer...more

Fox Rothschild LLP

Federal Funding Cuts: Key Considerations for Employers Facing Potential Layoffs

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The Office of Management and Budget issued a vaguely worded memorandum on Jan. 27, 2025, ordering a blanket freeze (with very limited exceptions) in all federal grants, federal loans, and other forms of federal financial...more

McNees Wallace & Nurick LLC

Voluntary Buyouts:The Pros and Cons

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Yesterday, the Trump Administration announced that it offered voluntary buyouts to over two million federal employees.  Employees who voluntarily resign their position will receive payments equal to approximately eight months...more

Constangy, Brooks, Smith & Prophete, LLP

7 strikes, and this employer is OUT!

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Employer going to trial in age discrimination case. We had a blizzard last Friday (in North Carolina, 2 inches is a blizzard), and we still have ice and snow on the ground a week later. Anyway, I've had enough of winter now...more

Stikeman Elliott LLP

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

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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

Littler

Everything You Always Wanted to Know About Woody Allen’s Former Private Chef’s USERRA Lawsuit* (*but were afraid to ask)

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In December 2024, a U.S. Army Reservist and professional chef filed a lawsuit against filmmaker Woody Allen, his wife, Soon-Yi Previn, and their house manager, alleging that he was fired due to his complaints of improper...more

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