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Hiring & Firing › Wrongful Termination › 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 -
Littler

British Columbia, Canada Court of Appeal Affirms Enforceability of Termination Clause That Incorporated by Reference Notice and...

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In Egan v. Harbour Air Seaplanes LLP, 2024 BCCA 222, the British Columbia Court of Appeal (BCCA) upheld a lower court’s decision that a termination clause in an employment agreement was enforceable because it was neither...more

BCLP

Private life and disciplinary dismissal

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In this case submitted to the Supreme Court (“Cour de cassation”), a State health insurance agency dismissed one of its employee for gross misconduct for having sent to some of her colleagues, through her professional email...more

Seyfarth Shaw LLP

Eleventh Circuit Holds FMLA Retaliation Requires “But-for” Showing

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Seyfarth Synopsis: The United States Court of Appeals for the Eleventh Circuit affirmed a district court’s decision that “but-for” is the proper causation standard for FMLA retaliation claims addressed within the...more

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

Fourth Circuit Reinstates Employee’s Claim That Social Media App Messages Provided Sufficient Notice of a Medical Absence

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On August 15, 2022, the U.S. Court of Appeals for the Fourth Circuit held in Roberts v. Gestamp West Virginia, LLC, that an employer’s “usual and customary” notice procedures relating to absences extended beyond the company’s...more

Verrill

Massachusetts Employee Fired For Submitting PIP Rebuttal Protected By Public Policy

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In a recent decision, Terence Meehan v. Medical Information Technology, Inc., the Massachusetts Supreme Judicial Court ruled that an employer cannot terminate an employee for exercising the right to file a rebuttal to a...more

Bennett Jones LLP

Ontario Superior Court on the Enforceability of Termination Provisions in Employment Agreements

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A Question of Mixed Fact and Law - In a decision for which leave to appeal was denied by the Divisional Court, the Ontario Superior Court of Justice recently confirmed that a Rule 21 motion, seeking a determination of a...more

Dorsey & Whitney LLP

Ninth Circuit Asks Montana Supreme Court for Guidance: Is an Employer Defending Itself in a Wrongful Discharge Lawsuit Limited to...

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Many Montana employees can claim the protection of Montana’s unique Wrongful Discharge from Employment Act, which generally bars an employer for terminating an employee without “good cause” after the employee has completed a...more

Carlton Fields

Ninth Circuit Swipes Right on Arbitration of Former Tinder Employee’s Sexual Harassment and Retaliation Claims

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The Ninth Circuit Court of Appeals recently held that a former Tinder employee who asserted claims of sexual harassment by her superiors must arbitrate her claims pursuant to an enforceable arbitration agreement she signed...more

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

Consistently Inconsistent: An Example of Shifting Reasons for Employment Termination Precluding Summary Judgment

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The U.S. District Court for the Western District of Texas recently denied an employer’s motion for summary judgment when its alleged shifting reasons for terminating the plaintiff’s employment contract raised genuine issues...more

Franczek P.C.

Teacher Dismissal Upheld for Conduct Not Directly Related to Previous Notice to Remedy

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For school personnel administrators, it is a frustrating but typical experience to have a teachers’ union representative object to warnings and directives on the grounds that the warning is too broad, or not directly on point...more

Littler

Ontario, Canada Court Confirms Employers that Revoke Accepted Employment Offers May be Liable for Damages

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In Kim v. BT Express Freight Systems (2020), 317 A.C.W.S. (3d) 255, Ontario’s Superior Court confirmed that an employer may be liable for damages if it withdraws an accepted offer of employment or terminates employment...more

Franczek P.C.

Illinois Appellate Court: Teacher’s Repeated Cheating Is Irremediable Cause for Dismissal

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The Illinois Appellate Court recently affirmed the dismissal of a tenured fifth-grade teacher accused of intentionally breaking the seals on standardized test booklets to help students cheat on the test....more

Littler

NLRB Returns to Time-Honored Standard for Post-Arbitral Deferral

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The National Labor Relations Board recently overturned a decision issued in 2014 and returned to its time-honored standard for post-arbitral deferral in unfair labor practice cases alleging discipline or discharge in...more

Seyfarth Shaw LLP

Does it Violate Public Policy to Terminate a Drunk Employee? “Absolut”-ly Not

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Seyfarth Synopsis:  Does Pennsylvania’s public policy preclude a nuclear power plant from terminating an employee for being drunk on the job? “No,” the United States District Court for the Middle District of Pennsylvania...more

Fox Rothschild LLP

Nevada Supreme Court Restricts Wrongful Termination Claims

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Partner Deanna Forbush of our Labor & Employment Practice Group recently secured a victory in the Nevada Supreme Court on a matter of first impression that will benefit all employers by establishing a two-year statute of...more

Blake, Cassels & Graydon LLP

Court of Appeal Confirms: Reasonable Notice Is Capped At 24 Months, Absent Exceptional Circumstances

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Employers can breathe easy once again knowing that common law reasonable notice is still capped at 24 months, absent exceptional circumstances. On June 19, 2019, the Court of Appeal for Ontario (Court of Appeal) released...more

Jackson Lewis P.C.

Indiana Court Declines To Expand At-Will Employment Exception

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Reaffirming Indiana’s “strong” presumption of at-will employment, the Indiana Court of Appeals has declined to expand the public policy exception to the at-will employment doctrine to include an employee’s mistaken belief...more

Haynsworth Sinkler Boyd, P.A.

When Social Media, Politics And The Workplace Collide

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Nowadays we are constantly bombarded with news of events that arouse our political views. Social media both perpetuates these events and provides a platform for virtually anyone to express their social and political views....more

Pullman & Comley - Labor, Employment and...

Timing Issues in Employee Terminations

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Deciding whether an employee should be terminated is a difficult decision, involving not only whether it is the right thing to do, but also whether it is the right time to do it....more

BCLP

German Dismissal Protection – Lies don´t travel far – or do they?

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The German Federal Labor Court (BAG) recently held, that employers are not prevented from using grounds which failed to justify a termination in order to file for a subsidiary motion to end employment. Under German...more

Constangy, Brooks, Smith & Prophete, LLP

Second-Guessing The Advice Columns: Don't Lie About Why You Terminated An Employee.

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I'm don't quite agree with the legal analysis, but I agree with the principle. This week, Greg Giangrande, @Work advice columnist for the New York Post, had a situation that drives me crazy as an employer's lawyer. ...more

Constangy, Brooks, Smith & Prophete, LLP

"Bed Bug" Lawsuit Allowed To Go Forward

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Whenever I think I've heard everything, I hear something else. A federal judge allowed a wrongful discharge lawsuit to go forward, and the dispute is about bed bugs....more

Jackson Lewis P.C.

Former Big League Pitcher Awarded More Than $1.5 Million For Wrongful Termination

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A New Jersey jury in the Superior Court of New Jersey for Camden County has awarded former Major League Baseball pitcher Mitchell Williams $1,565,333 in a wrongful termination action he filed against MLB Network, Inc....more

PilieroMazza PLLC

No Advance Notice is Required to Terminate At-Will Employment in Virginia

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On June 2, 2016, the Virginia Supreme Court resolved a split among the lower courts and the federal district courts in Virginia regarding the notice employers are required to provide at-will employees prior to terminating...more

Constangy, Brooks, Smith & Prophete, LLP

Be Thankful You’re Not An Employment Law Turkey

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Well, it’s that time of year again – what are you thankful for? Here are some Human Resources and employment law matters for which I am thankful. Please feel free to add your own in the comments....more

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