News & Analysis as of

Termination

Terminating Employees in Taiwan

by K&L Gates LLP on

The Taiwan Labor Standards Law (LSA) provides strict measures protecting dismissed employees, and Taiwan employers are required to fully comply with these termination requirements when dismissing their employees. Unlike...more

Workplace Matters - Asia Pacific

by K&L Gates LLP on

Welcome to the latest edition of Workplace Matters – Asia Pacific. Each edition of this newsletter will provide brief legal updates on employment issues from our offices across the Asia Pacific....more

Average Wages as a Basis for Calculating Severance Pay: Definitions and Interpretation

by K&L Gates LLP on

Under the applicable laws of Korea, an employer must pay its employees severance pay in the amount of at least 30 days’ average wages for each year of the employee’s continuous service for the employer. For example, an...more

Sixth Circuit Rules that Employer Cannot Rely on the Religious Freedom Restoration Act to Defend Discrimination Claims by...

On March 7, 2018, the Sixth Circuit issued a ruling of first impression, holding that the Religious Freedom Restoration Act (“RFRA”) did not exempt an employer from liability for violating Title VII of the 1964 Civil Rights...more

Did Your Non-Compete Agreement Just Get Laid Off?

by Fisher Phillips on

Imagine this scenario: Like most businesses, you have undergone the effort and expense of recruiting quality talent to join your workforce. After employment offers are extended and accepted, you provide valuable training to...more

What Am I Doing Wrong?? Common FMLA Mistakes

by Jackson Lewis P.C. on

“What did I do wrong?” and “Am I doing this correctly?” are frequent questions from clients regarding FMLA administration. This is the fourteenth in a series highlighting some of the more common mistakes employers can...more

District Court Orders Petitioner to Seek Termination of IPR based on Forum Selection Clause

A recent case from California reminds patent owners that forum selection clauses can be an important anecdote for PTAB proceedings. In Dodocase VR, Inc. v. MechSource, LLC, 3:17-cv-07088-EDL (N.D. Ca.), the district court...more

Employee’s Voluntary Resignation Does Not Necessarily Result in Disqualification for Unemployment Benefits

On March 29, 2018, the Appellate Division in Cottman v. Board of Review ruled that an employee who voluntarily quits when faced with the imminent threat of termination may nevertheless be eligible for unemployment...more

NJ Court Expands Unemployment Benefits to Some Voluntary Quitters

On March 29, 2018, the New Jersey Appellate Decision issued an opinion which clarifies and expands rights to unemployment benefits to certain employees who voluntarily resign from their positions in the face of imminent...more

A New Regime: Changes to the Tax and National Insurance Contributions Treatment of Termination Payments in the UK to Take Effect...

On April 6, 2018, there will be an important change to the way termination payments are taxed in the United Kingdom. New tax rules, which aim to simplify the taxation of termination payments, will mean that income tax and...more

Frankfurt’s Brexit Pitch – Loosened Dismissal Protection for High-Earning Bankers in Germany on the Horizon?

After months of exhausting, on-off negotiations with changing negotiation partners at the table, Angela Merkel’s center-right Christian Democratic Union (CDU/CSU) and the center-left Social Democratic Party (SPD) agreed on a...more

Termination payments post 5 April 2018: a new landscape

by Dentons on

New tax rules coming into force on 6 April 2018 will mean that income tax and national insurance contributions (NICs) must be paid on all payments in lieu of notice (PILONs) on termination of employment....more

Effective Date of Termination for Unfair Dismissal Claim

by Faegre Baker Daniels on

Cosmeceuticals Ltd v Parkin [2017] EAT 0049_17_2706 considered the effective date of termination (EDT) for unfair dismissal purposes where an employee was initially dismissed with immediate effect but subsequently given...more

Have You Ever Disagreed With An Employee About How They Should Do Their Work?

by Weintraub Tobin on

Beware. Routine criticisms of job performance when directed to employees engaged in a caring profession, may subject you to retaliation and whistleblower claims. So you hire an employee, call her a brick layer. She is a...more

Consistency Also is Important When Firing Someone

by Shipman & Goodwin LLP on

If an employee is an at-will employee, he or she is not entitled to any explanation about the reason for the termination. Nevertheless, when terminating an employee, most employers sensibly provide the employee with a reason...more

Eight Steps To Avoid Getting Sued Over Your Investigation

by Fox Rothschild LLP on

Thorough investigations can protect employers from claims that their decisions were discriminatory, retaliatory, or in bad faith. Conversely, a defective investigation can increase an employers’ exposure to those same claims....more

Workwise Newsletter: 26 (Months) is the New 24: No "Hard Cap" on Reasonable Notice Periods

by Field Law on

What is the maximum amount of notice that an employee is entitled to upon termination? In Dussault v Imperial Oil Limited, 2018 ONSC 1168, the Ontario Superior Court of Justice confirmed there is no cap on the length of...more

If You Snooze, You (May) Lose Under the FMLA and ADA, Says the Seventh Circuit

In the recent case of Guzman v. Brown County, No. 16-3599 (March 7, 2018), the Seventh Circuit Court of Appeals affirmed a district court’s grant of summary judgment to an employer on claims brought under the Family and...more

FMLA And ADA Claims Put To Bed Where Employer Did Not Know Employee Had Sleep Apnea At The Time Her Employment Was Terminated.

by Jackson Lewis P.C. on

Sometimes what you don’t know can help you. In Guzman v. Brown County, a 911 Dispatcher who was fired after being late repeatedly had her FMLA interference and retaliation claims sent to dreamland by the Seventh Circuit Court...more

GDPR: The Most Frequently Asked Questions: If I Receive A Right To Be Forgotten Request From A Former Employee That Was Terminated...

by Bryan Cave on

The European Union's General Data Protection Regulation ("GDPR") is arguably the most comprehensive - and complex - data privacy regulation in the world. As companies prepare for the GDPR to go into force on May 25, 2018,...more

Trap For The Unwary: Elimination Of The Position As Opposed To Termination For Cause

by Weintraub Tobin on

Employers sometimes see a position elimination or reduction in force as a way of terminating employees that is kinder and gentler than termination for cause. Position eliminations and reductions in force allow an employer to...more

Michigan Court of Appeals Offers Guidance to Employers in Documenting Reasons for Hiring, Promotions

by Dickinson Wright on

On February 1, 2018, the Michigan Court of Appeals issued an opinion which offers employers guidance regarding ways to document the reasoning behind hiring, promotion, and termination decisions to overcome allegations of...more

Colorado Law Claims For Unpaid Wages Limited To Two Or Three Years Prior To Termination

by Jackson Lewis P.C. on

Under the Colorado Wage Claim Act (CWCA), a terminated employee’s right to seek unpaid wages or compensation at termination is subject to the two- or three-year statute of limitations found in the CWCA, the Colorado Supreme...more

To Protect and Serve: Privacy Concerns for Public Employers

Do public employees have private lives? In other words, just how much can a public employer base decisions on an employee’s off-duty conduct? The Ninth Circuit, in a recent opinion, disagreeing with both the Fifth and Tenth...more

Religious School Does Not Have to Restrict Hiring By Faith to Claim Ministerial Exemption

In its 2012 Hosanna-Tabor decision, the U.S. Supreme Court recognized a “ministerial exemption” to employment claims brought under Title VII and the ADA. The exception allows religious employers to make what otherwise would...more

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