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Hiring & Firing › Severance Pay

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

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

Parker Poe Adams & Bernstein LLP

Noncompetes Included in Separation Agreements May Not Survive Legal Challenge

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When preparing employee separation or severance agreements, we are occasionally asked by clients whether they can include a noncompetition restriction as part of the severance offer, even in situations where no noncompete was...more

Fisher Phillips

Las indemnizaciones por despido en Alemania: Mitos, Realidades y Acciones

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Aunque muchos lo desconocen, los empleados en Alemania no tienen en automático un derecho a una indemnización por despido. Sin embargo, la ley ofrece oportunidades para obtenerla bajo ciertas condiciones. Este artículo...more

Fisher Phillips

Demystifying Severance in Germany: Key Strategies for Smooth Exits

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Navigating severance in Germany can be challenging for U.S. employers, as it involves strict legal frameworks, works council negotiations, and potential financial risks. While severance pay isn't automatically guaranteed,...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

Stikeman Elliott LLP

Tailwinds of “Common Sense” Buoy Employers: British Columbia Court of Appeal Upholds Simple Termination Clause

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In the decision of Egan v. Harbour Air Seaplanes LLP, 2024 BCCA 222 (“Egan”), the British Columbia Court of Appeal upheld a termination clause in an employment agreement, rejecting various arguments to undermine the clause’s...more

Dickinson Wright

Remote Employees Participating in Employee Benefit Plans – What’s Local Law Got to Do with It?

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Recently, a client called about a remote employee who was moving from the company’s primary location to a different state, and would continue working for the company.  The company had no other employees in the new state and...more

Benesch

Severance Agreement Confidentiality Provisions Under Fire, Employer Surveillance, and a Roadmap for Profanity in the Context of...

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In early 2023, the National Labor Relations Board’s (NLRB or “Board”) decision in McLaren Macomb, 372 NLRB 58, revoked employers’ ability to require their employees to keep the terms of severance packages confidential and to...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

Holland & Knight LLP

14 de febrero de 2024 vence el plazo para el pago de cesantías en Colombia

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El auxilio de cesantías en Colombia es una prestación social que tiene como finalidad formar un ahorro en caso de que el trabajador se quede sin trabajo. Lo anterior, sirve de auxilio y se pagan al finalizar el contrato de...more

Constangy, Brooks, Smith & Prophete, LLP

"Quiet firing": A bad idea

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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

Mintz

The Digital Dismissal Dilemma

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The recent New York Times piece about the chaos arising from terminating remote workers highlights the difficulties employers face when laying off a distributed workforce of digital workers. Few employers are able to deliver...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

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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

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