News & Analysis as of

Resignation Termination Employer Liability Issues

FordHarrison

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

FordHarrison on

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

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

Littler

Colorado Court of Appeals Finds Vacation Forfeiture Policy Lawful

Littler on

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

Tucker Arensberg, P.C. on

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

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

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

Dentons on

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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