News & Analysis as of

Resignation Employment Litigation

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

Barnea Jaffa Lande & Co.

Surveillance Cameras in Workplaces and Employment Conditions

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The Regional Labor Court in Tel Aviv recently ruled that an employer that installed surveillance cameras in the workplace caused a tangible adverse change in its employee’s employment conditions. The employee resigned from...more

BCLP

UK HR Two Minute Monthly: November 2023

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Our November update includes a Supreme Court decision on employment status and the right to join a trade union, whether a bonus clawback clause can be an unlawful restraint of trade, and how to deal with a “heat of the...more

Dechert LLP

Clawback Provisions and Restraint of Trade

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In a welcome decision for employers, in Steel v Spencer Road LLP the High Court has upheld as enforceable a clause requiring an employee to repay a significant bonus following his resignation. A clause in Mr Steel’s...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

U.S. Equal Employment Opportunity Commission...

EEOC Sues Simply Slims for Sexual Harassment

Restaurant Allowed a Shift Manager to Sexually Harass Teens and Young Adults Despite Complaints, Agency Charges - HOT SPRINGS, Ark. – Simply Slims, L.L.C., and or Dixie Chicken, L.L.C. d/b/a Slim Chickens in Hot Springs,...more

Skadden, Arps, Slate, Meagher & Flom LLP

Employment Flash - June 2023

New York, Minnesota and NLRB Act To Limit Noncompetes - New York Legislature Passes Bill To Ban Post-Employment Noncompetes - On June 20, 2023, the New York state Legislature passed a bill that bans post-employment...more

Laner Muchin, Ltd.

When Does a Requested Religious Accommodation Pose an Undue Hardship?

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In a recent opinion, the U.S. Court of Appeals for the Seventh Circuit reiterated the standards for balancing an employee’s religious accommodation request against the potential undue hardship that such a request may impose...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

Woodruff Sawyer

The Butterfly Effect: How Global Dynamics Are Impacting Workers’ Compensation Claims

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Recent national and world events have created a perfect storm for workers compensation (WC) claims. The move of baby boomers out of the workforce was already shifting demographics when the pandemic sparked the Great...more

BCLP

Employers’ power to suspend employees under HK law

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In Lengler Werner v. Hong Kong Express Airways Limited [2021] HKCFI 1333, the Court of First Instance (the “Court”) examined the power of “suspension” of an employee, including under section 11 of the Employment Ordinance...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

Dentons

Discrimination Concerns in Skipping Notice Period

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Last week, we looked at some of the concerns businesses face when they consider whether to let an employee work the duration of their notice period or if it’s better to cut ties quickly. Read about the issues that notice...more

TNG Consulting

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

TNG Consulting on

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

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

Genova Burns LLC

Whistleblower Claim a No-Go for Employee who Voluntarily Resigned

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The New Jersey Appellate Division in Portilla v. Maxim Healthcare Services, Inc., recently upheld the dismissal of a constructive discharge lawsuit by a registered nurse, lawyer, and self-described “paradigmatic...more

Butler Snow LLP

Take This Job And Shove It – Alabama Supreme Court Elaborates On “Voluntarily” Leaving Employment

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If you quit your job because of a hostile work environment, is it still “voluntary”? According to the Alabama Supreme Court’s July 12, 2019 opinion in Arnold v. Hyundai Manuf. Ala., LLC, it is. In Arnold, Hyundai hired Arnold...more

Littler

Colorado Court of Appeals Finds Vacation Forfeiture Policy Lawful

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In a significant decision for employers, a Colorado appellate court recently upheld an employer’s policy requiring forfeiture of accrued, unused vacation at separation of employment, finding the policy did not violate the...more

Tucker Arensberg, P.C.

Court Establishes 5 Factors to Determine When A School District Offer to Resign Is Actually A Constructive Discharge

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Judge v. Shikellamy Sch. Dist., 905 F.3d 122 (3d Cir. 2018).  When a public school district offers an employee a chance to resign in lieu of termination, courts will review five factors to determine whether the resignation...more

Genova Burns LLC

New Jersey Federal Court Forces a Software Company to Confront the Question at Trial: Did Your Employee Quit or Was He Fired?

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On May 23, 2019, the New Jersey District Court in Kunal Shah v. Meditab Software, Inc. refused to dismiss the retaliation claim of a software company’s former Chief Executive Officer, even though he notified the company of...more

Stinson - Corporate & Securities Law Blog

Does a Requirement to Pay “Target Variable Compensation” Include Equity Awards?

In Batty v. UCAR International Inc. et al the Delaware Court of Chancery considered the terms of a severance agreement. The agreement, which was entered into in 2000, set the compensation that plaintiff Batty, who was...more

BCLP

HR Two Minute Monthly: positive discrimination; suspending employees; maternity leave

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Our April update covers recent developments in employment law, including cases on lawful grounds for suspending employees, communicating with women on maternity leave and a novel case on the limits of lawful positive...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

Butler Snow LLP

Court Blows the Whistle on Sevierville Police Officer's TPPA Claims

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Under the Tennessee Public Protection Act (TPPA), also known as the “whistleblower statute,” it is unlawful to fire an employee “solely for refusing to participate in, or for refusing to remain silent about, illegal...more

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