News & Analysis as of

Resignation Employer Liability Issues Hiring & Firing

Fox Rothschild LLP

Think Twice Before You Contest Unemployment

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It happens all the time. A poor performing, or even blatant policy-violating former employee applies for unemployment. The immediate reflex by most employers is to contest it. Good idea? Well, it really depends. If the...more

U.S. Equal Employment Opportunity Commission...

Red Robin to Pay $600,000 in EEOC Sexual Harassment Lawsuit

Settles Federal Charges the Casual Dining Chain Allowed Female Employees, including a Teen, to be Sexually Harassed, Retaliated Against, and Forced to Resign - EVERETT, Wash. – Restaurant chain Red Robin International,...more

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

Connecticut Appellate Court Says Constructive Discharge Limitations Period Runs From Last Act of Discrimination, Not Resignation

The Connecticut Appellate Court recently ruled that a septuagenarian teacher’s claims that she was forced to resign because of age discrimination were untimely. The ruling distinguishes Connecticut law from a 2016 Supreme...more

Tucker Arensberg, P.C.

School District Subject to Suit for Manner of Completing Act 168 (“Pass the Trash”) Form

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Dale McClendon v. The School District of Philadelphia, 2023 WL 4237080 (E.D. Pa 2023). (Federal court held that a school district was subject to due process and breach of contract claims for the manner in which it completed a...more

Littler

British Columbia Court Finds Employee Voluntarily Resigned

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In Khangura v Lumberwest Building Supplies Inc., 2023 BCSC 1053, the Supreme Court of British Columbia dismissed an employee’s claim that he was entitled to damages because he had been wrongfully dismissed without cause. The...more

Troutman Pepper

Water Cooler Talk: Quiet Quitting Insights From 'Seinfeld'

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George Costanza, a character from the classic sitcom "Seinfeld," is the original "quiet quitter," a term used for employees who do the bare minimum at work. Hear from the master himself... Originally published in Law360 -...more

Mitratech Holdings, Inc

What Are Stay Interviews? Questions, Tips, & More For Today’s People Leaders

Stay interviews are a controversial topic for many. Some people love them, and some people hate them. There are good reasons for both sides of the argument, but hiring costs a lot, so more people are thinking about them. Most...more

Littler

Canada: Alberta Court Finds Employee Resigned and Was Not Constructively Dismissed When He Did Not Comply with Mask Policy

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In Benke v Loblaw Companies Limited, 2022 ABQB 461, the Court of Queen’s Bench of Alberta (ABQB) dismissed an employee’s claim that he had been constructively dismissed when his employer did not accommodate him with a mask...more

Stikeman Elliott LLP

Constructive Dismissal Unmasked as Resignation: Alberta Court Finds Employee Resigned After Refusing to Comply with Mask Policy

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In Benke v Loblaw Companies Limited, the Alberta Court of Queen’s Bench held that the employer did not constructively dismiss one of their employees who had been placed on unpaid leave for failing to comply with a mandatory...more

Wyrick Robbins Yates & Ponton LLP

Surviving the Great Resignation

According to the U.S. Bureau of Labor Statistics, over 47 million Americans voluntarily quit their jobs in 2021.  In the month of November alone, nearly 4.5 million people resigned from their jobs, an all-time monthly high...more

FordHarrison

How to Have a Smooth Separation of Employment—Unlike Tom Brady

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On February 1, 2022, Tampa Bay Buccaneers quarterback Tom Brady officially announced his retirement via Instagram. The word “officially” is key here, as news of Brady’s retirement initially leaked to the media a few days...more

Robinson+Cole Manufacturing Law Blog

2022 Labor and Employment Outlook for Manufacturers

This week, we continue our 2022 outlook series with a focus on labor and employment.  It goes without saying that over the last two years, the COVID-19 pandemic has revealed certain weaknesses and opportunities in the economy...more

Littler

‘Cause We’re Still Living – At Appropriate Distance – in a World of Fools (Spanning the Globe Because You Still Can’t)

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WARNING: this article is intended for immature audiences. Hopefully, that light at the end of the tunnel is not the on-coming 5:15 from New Haven. While we’ve been fortunate to have continued working safely and responsibly...more

TNG Consulting

Vocal Coach’s Concerns of Disparate Treatment Insufficient to Undo her Dismissal

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Warmington v. Board of Regents of the Univ. of Minnesota U.S. Dist. Ct., D. Minn. (April 21, 2020) - PROCEDURAL HISTORY:  Warmington, a highly accomplished and nationally recognized track and field coach, resigned in...more

Akerman LLP - HR Defense

Traps for the Unwary: Responding When An Employee Quits

You may have been there: a valuable employee angered by some new development, announces “I quit!” and storms out, then shows up for work the next day as though nothing happened. Or a rapidly failing underperformer submits a...more

Parker Poe Adams & Bernstein LLP

Quit or Fired? N.C. Employees May Qualify for Unemployment Benefits in Equivocal Situations

Under North Carolina statute, employees who leave work for a reason other than good cause attributable to the employer are not eligible to receive unemployment benefits. Last month, the North Carolina Court of Appeals...more

Lewitt Hackman

Unlawful, or Just Mean? California Appellate Court Decides Discrimination Case

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People with disabilities have legal protections under both federal and state law. California’s Fair Employment and Housing Act (FEHA) prohibits an employer from taking adverse actions against a person because of a person’s...more

Barnea Jaffa Lande & Co.

The Court Rules that A Short Absence from Work without Permission Does not Constitute Resignation

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From time to time we are asked what to do in instances where employees are absent from work without permission, and whether such absence constitutes abandonment of the job, and thus – resignation. In a recent judgment it was...more

Genova Burns LLC

Recent Appellate Division Decision Reminds Employers of the Rewards of Diligence

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The New Jersey Appellate Division’s recent decision in Aryee v. Newark Beth Israel Medical Center on February 20, 2019 demonstrates that even in an increasingly pro-employee environment, employers can prevail in...more

Pullman & Comley - Labor, Employment and...

I Quit – No, Wait, I Don’t

Employers might welcome a notice of resignation from a troublesome employee as a simple solution to a problem. But what are the ramifications when the employee tries to rescind his resignation?...more

Seyfarth Shaw LLP

Did Holly Judge Really Resign? After Close Review, Third Circuit Rejects Her Constructive Discharge Claims

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Seyfarth Synopsis: In Judge v. Shikellamy Sch. Dist., No. 17-2189, 2018 U.S. App. LEXIS 27229 (3d Cir. Sep. 24, 2018), the 3rd Circuit Court of Appeals adopted a new approach to constructive discharge cases where an employee...more

Zuckerman Spaeder LLP

Bakery Says Employee’s FMLA Claims Don’t Rise to the Occasion

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Under the Family Medical Leave Act (“FMLA”), employers are required to provide 12 weeks of unpaid leave to employees with certain family or medical issues. These issues include attending to serious health conditions that make...more

Proskauer - California Employment Law

Another Day, Another $31 Million Employee Verdict From a Los Angeles Jury

On Tuesday, a Los Angeles jury did what L.A. juries do so often these days — they awarded tens of millions of dollars to an ex-employee who claimed she had been the victim of discrimination, wrongful termination and...more

Bradley Arant Boult Cummings LLP

Employee Quits and Then Slips: Covered Under Workers’ Comp or Not?

Is an employee who quits her job then injures herself before she gets out the door still covered by workers’ comp? In a recent Tennessee case of first impression, the court ruled that after an employee says “I quit,” the...more

Dentons

Can they Resign? Privacy Issues for Iowa Public Employers

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In a post last week, we covered some of the implications of allowing an employee to resign rather than be terminated. House File 291, signed into law earlier this year by Governor Branstad greatly impacts public employers and...more

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