News & Analysis as of

Retaliation Bad Faith

Patton Sullivan Brodehl LLP

Alter Ego — No Single Factor is Determinative

Alter ego liability is again the flavor of the day... As previously covered, the alter ego doctrine allows a court to disregard a corporate entity (including LLCs) and hold the individual owners liable for claims against...more

BCLP

Implied duty of mutual trust and confidence and employers’ right to terminate

BCLP on

In Hong Kong, an implied duty of mutual trust and confidence (“Duty”) exists between an employer and an employee. This duty requires that an employer shall not “without reasonable and proper cause, conduct itself in a manner...more

Wiley Rein LLP

Disclosure of False Claims Act Investigation Not Required by Policy Application Questions

Wiley Rein LLP on

The United States District Court for the Northern District of Ohio, applying Ohio law, has held that coverage for a retaliation claim under a claims-made directors and officers, employment practices, and fiduciary liability...more

Seyfarth Shaw LLP

New Jersey Court Affirms $192,000 Fee Award Against Whistleblower Plaintiff

Seyfarth Shaw LLP on

Earlier this week, employers in the Garden State saw another glimmer of hope for defending against frivolous claims brought under New Jersey’s whistleblower statute, the Conscientious Employee Protection Act (“CEPA”),...more

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

A Bit Too Far: Employee’s Alleged Self-Defense Fails To Sway NH Justices On His Wrongful Discharge Claim

Could an employee be fired by his employer for actions he claimed were done in self-defense? In Leeds v. BAE Systems, No. 2012-599 (November 5, 2013), the New Hampshire Supreme Court found that he could where the employee’s...more

Stinson - Benefits Notes Blog

Bad Faith Termination Can Be Good ERISA Interference Claim

It is not uncommon for employers to have executive severance plans that pay substantial severance if an executive loses employment in connection with a change in control. In a recent federal district court decision, a former...more

Littler

The Going Gets Steeper: 2013 California Employment Legislation Affecting Private Sector Employers

Littler on

The California Legislature concluded its 2013 regular session on September 12 with a flourish, sending a total this year of 896 bills to Governor Jerry Brown for approval (of 2,256 introduced). By the signing deadline last...more

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