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
Montana’s Wrongful Discharge from Employment Act (WDEA) requires that employers have just cause for discharge of employees after completion of an initial probationary period. A recent Montana case highlights state-specific...more
A probationary period sometimes isn't long enough to gain a good impression of an employee and the employer might still want to give the employee a further chance. In a recent case, the District Court of Midden-Nederland...more
This newsletter summarises four significant judicial decisions over recent months. 1. The purpose of a probation period is for the employee’s skills to be assessed. Therefore an employee’s absence would extend the...more
The Supreme Court of Ohio recently confirmed that public employees in their probationary periods are not entitled to the same protections with regard to employment termination that tenured civil servants enjoy. In Miracle v....more
And happy St. Patrick's Day weekend! How much were you paying attention to employment law news this week? Take our quiz, and find out! As always, the answers appear at the end of each question, and if you cheat, I'll never...more
Following a few easy steps when hiring employees will help both screen out potential problems and reduce turnover. In a typical dealership, the “problems” that can result from bad hiring decisions include low productivity,...more
Montana is well-known in the employment world for deviating from the employment at-will doctrine. In Montana, employees are protected under the Wrongful Discharge from Employment Act (WDEA), which provides that an employee’s...more
The Parliament of Mongolia adopted the Amendment Law ("Amendment") to the Law of Mongolia on Labour ("Labour Law") on 21 April 2015. The amended law has now been published in the State Gazette, bringing it into force....more
On January 26, 2017, Puerto Rico’s Governor, Ricardo Roselló, signed into law the Labor Transformation and Flexibility Act (the “Act”). The Act represents the first significant and comprehensive labor law reform to occur in...more
Probationary periods are a tool long used to test the viability of job candidates. They can provide a window into an employee’s suitability and qualifications for a position. In an economy that continues to have high...more
With two decisions dated March 31 and April 15, 2016, the Employment Division of the French Supreme Court (“Cour de cassation”) clarified the legal framework applicable to trial periods. The Supreme Court explained how to...more
You know that sinking feeling: you have a new employee in France who is not working out, and the manager has left it until the last minute to let you know. What happens if the required termination notice period will now...more
We operate a manufacturing plant with a union workforce where new employees begin with a 90-day probationary period during which they are not yet members of the union. I recently hired a guy who refused to work overtime on...more