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Hiring & Firing › Just Cause

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 -
Littler

British Columbia Appeal Court Upholds Finding That Employee’s Surreptitious Recording of Conversations with Colleagues Justified...

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In Shalagin v. Mercer Celgar Limited Partnership, 2023 BCCA 373, the British Columbia Court of Appeal (BCCA) upheld the lower court’s dismissal of an employee’s wrongful dismissal claim and its finding that his surreptitious...more

Stikeman Elliott LLP

I’m Listening: BC Appeal Court Confirms that Secretly Recording Colleagues Constitutes Just Cause

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In Shalagin v. Mercer Celgar Limited Partnership, 2023 BCCA 373 (“Shalagin”), the British Columbia Court of Appeal affirmed that surreptitiously recording fellow employees may constitute just cause....more

Littler

British Columbia Court Finds Employer Had Just Cause to Dismiss Full-time Employee Who Worked on Side Business During Working...

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In Dove v Destiny Media Technologies Inc., 2023 BCSC 1032 , the Supreme Court of British Columbia found that an employer had just cause for the dismissal of a full-time employee who worked on a side business during working...more

Carlton Fields

New York Appellate Court Reverses Order Compelling Arbitration, Holds Collective Bargaining Agreement Arbitration Provisions...

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New York statutes classify certain civil service positions as exempt where such positions are confidential in nature and require personal qualities that cannot practicably be tested by an examination. These positions are...more

Littler

British Columbia: Employer that Engaged in “Hardball Tactics” to Manufacture Just Cause for Termination Must Pay over $200K in...

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In Chu v China Southern Airlines Company Limited, 2023 BCSC 21, the court held that an employer that attempted to manufacture just cause for the termination of a vulnerable employee breached its duty of good faith and fair...more

Saiber LLC

New York State Senate Introduces New Wrongful Discharge Law

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On March 6, 2023, the New York State Senate introduced Senate Bill S05459, the Safeguarding Employees and Accountability for Termination (“SEAT”) Act, which, if enacted, will eliminate at-will employment in the State of New...more

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

New York City’s New Job Protection Bill: Will It End At-will Employment?

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New York City is considering a bill known as the “Secure Jobs Act,” which would prohibit employers from discharging employees without “just cause” and advanced notice in most cases. Introduced on December 7, 2022, Int...more

Littler

Surreptitious Recording of Conversations with Colleagues May Justify Termination of Employment for Cause in British Columbia,...

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In Shalagin v. Mercer Celgar Limited Partnership, 2022 BCSC 112 (Mercer), the Supreme Court of British Columbia dismissed an employee’s wrongful dismissal claim and held that his surreptitious recording of conversations with...more

Cozen O'Connor

A Fast Food Employer’s Guide to NYC’s Recently Upheld Wrongful Discharge Law

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The New York City Fair Workweek Law was initially enacted in 2017 to expand wage and hour protections for employees working at fast food businesses. On December 17, 2020, the City Council amended the Fair Workweek Law by...more

Fisher Phillips

Minor Recruiting Violations May Not Always Amount to Just Cause – 4 Takeaways for Athletic Departments

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An arbitrator recently ruled that the University of Connecticut owes its former men’s basketball coach more than $11 million after determining the school violated a collective bargaining agreement by firing him without just...more

Fisher Phillips

NYC Set to Finalize New Regulations to Further Complicate Fast Food Workplaces

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New York City regulators recently proposed new rules that will further burden fast food employers, revealing a mixed bag of employer-unfriendly interpretations of existing city law while introducing potentially immense...more

Fisher Phillips

New Year Brings New Laws for New York Employers: 2021 Recap and 2022 Preview

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Year two of the COVID-19 pandemic brought many new legislative changes for New York employers, altering the landscape around workplace safety, employee pay, leave benefits, protected classes and activity, and privacy. Now...more

Bond Schoeneck & King PLLC

New York City Fast-Food Employers Beware: Just-Cause Needed for Firing

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Effective as of July 5, 2021, New York City fast food employers may only discharge employees for just-cause. This new law effectively chips away at the American tradition of at-will employment. Originally published in the...more

Jackson Lewis P.C.

Missouri Employer Had Just Cause To Terminate Union Employee Who Tested Positive For Marijuana, Despite Lack of Workplace...

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A Missouri-based manufacturer of animal pharmaceuticals had just cause to terminate a 37-year employee who tested positive for marijuana despite the union’s argument that the employee’s personal use of CBD oil and marijuana...more

Jackson Lewis P.C.

New York City Enacts Legislation Expanding New York City’s Fair Workweek Law

Jackson Lewis P.C. on

On January 5, 2021, New York City Mayor Bill de Blasio signed into law two pieces of legislation passed by the New York City Council, Int. No. 1415-A and Int. No 1396-A, that, when effective in early July 2021, will impose...more

Akerman LLP - HR Defense

Preparing for 2021: What New York Employers Can Expect in the New Year

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2021 is here, and with the new year comes changes for New York employers seeking to ensure full compliance with newly effective laws, or changes to the law, throughout the State. Employers are well-advised to review the...more

Fisher Phillips

New York City Passes “Just Cause” Legislation For The Fast Food Industry, Greatly Increasing Workplace Protections For Employees

Fisher Phillips on

The New York City Council just passed two bills (Int. 1396-A and 1415-A) that limit when a fast food employer can discharge fast food employees, only permitting terminations for “just cause” or for a “bona fide economic...more

Constangy, Brooks, Smith & Prophete, LLP

New York City Set To End At-Will Employment For Fast Food Workers

Constangy, Brooks, Smith & Prophete, LLP on

On December 17, the New York City Council passed two bills that will fundamentally alter the terms and conditions of employment for fast food employers in the city. Mayor Bill de Blasio is expected to sign both bills. In a...more

FordHarrison

NYC City Council Passes "Just Cause" and Other Restrictions Covering Employers in Fast Food Industry

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On Friday, December 17, 2020, the NYC Council passed two bills that will end “at-will” employment for fast-food workers in New York City.  The bills will take effect 180 days following Mayor de Blasio’s expected signing of...more

Fox Rothschild LLP

NY City Council Ends At-Will Employment For Fast Food Workers

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On December 17, 2020, New York City Council passed amendments to the Fair Work Practices chapter of the New York City Administrative Code, referred to as the “Fair Work Week Law,” that will significantly alter the...more

Jackson Lewis P.C.

New York City Council Passes Legislation Expanding New York City’s Fair Workweek Law

Jackson Lewis P.C. on

The New York City Council has passed two bills, Int. No. 1415-A and Int. No 1396-A, that, when enacted and effective, will impose significant obligations on covered New York City fast food industry employers. These bills...more

Seyfarth Shaw LLP

At-Will No More: NYC Council Passes Just-Cause Termination and Progressive Discipline Requirements for Fast-Food Employers

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The NYC Council has passed two bills that will end traditional at-will employment for fast-food employers in New York City.  The bills were sent to Mayor Bill de Blasio for signature on December 17, 2020 and will take effect...more

Littler

New York City Bills Seek to Eliminate At-Will Employment in the Fast Food Industry

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On Tuesday, December 15, 2020, the New York City Council’s Committee on Civil Service and Labor voted to approve two bills, Proposed Int. No. 1415-A and Proposed Int. No. 1396-A, that would fundamentally alter the...more

Seyfarth Shaw LLP

Employer Challenges Arbitrator Award Which Held Positive Drug Test for Cocaine Insufficient to Prove Just Cause

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Seyfarth Synopsis: A beverage wholesaler has appealed an arbitration award to federal court where the Company discharged a CDL driver who tested positive for cocaine. The arbitrator had ruled that the Company did not have...more

Littler

Ontario, Canada: Superior Court Determines Enforceability of Termination Clause

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The Ontario Superior Court recently issued a decision in Sewell v. Provincial Fruit Co. Limited, 2020 ONSC 4406 (Sewell), applying the reasoning set forth in the Ontario Court of Appeal (OCA) decision, Waksdale v. Swegon...more

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