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Termination Employer Liability Issues

Parker Poe Adams & Bernstein LLP

Shifting Eliminated Position's Duties to Nondisabled Workers Not Evidence of Discrimination

Employers sometimes believe that eliminating a job position instead of terminating an employee for poor performance gives them a "get out of jail free" card for purposes of avoiding legal claims associated with the decision....more

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

Termination Requirements Around the Globe

In the realm of global employment, the concept of termination payments can be a complex and often surprising issue for U.S.-based employers. Unlike in the United States, where the at-will employment doctrine generally allows...more

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

UK Parliament Proposes Increased Penalties for Failure to Consult in a Collective Redundancy

The Employment Rights Bill has undergone significant amendments in March 2025 as it progresses through Parliament. Included in the amended bill are changes addressing redundancy and the controversial practice of “fire and...more

Haynsworth Sinkler Boyd, P.A.

Beyond Silence: South Carolina Supreme Court Ruling Clarifies Acceptance in Employment Arbitration Agreements

In Lampo v. Amedisys Holding, LLC and Leisa Victoria Neasbitt, the South Carolina Supreme Court establishes important legal precedent regarding contract formation for arbitration agreements between employers and employees....more

Constangy, Brooks, Smith & Prophete, LLP

FMLA brain teaser!

Try wrapping your head around this one. All of you experts on the Family and Medical Leave Act, gather 'round! The following is from a real lawsuit that was filed Wednesday in federal court in Indianapolis. The plaintiff...more

Warner Norcross + Judd

Key Update on WARN Act: Bankruptcy Court Limits Employer Liability in Mass Layoffs

The Federal Worker Adjustment Retraining Notification (WARN) Act requires employers to give workers 60 days’ written notice of a plant closing or mass termination. In the latest update to an important case interpreting the...more

Littler

Cross-Border Legal Perspectives: Comparing the UK’s and Germany’s Approaches to Unfair Dismissal

Littler on

Welcome back to our “cross-border perspectives” series, where we compare employment law and practice from an international perspective, drawing on the experience of local and international employment lawyers who deal with...more

Littler

Ontario, Canada Court Finds Employer Repudiated Employment Agreement When it Failed to Pay Employee’s Contractual Severance

Littler on

In Timmins v. Artisan Cells, 2025 CanLII 2387, Ontario’s Superior Court of Justice found, in an undefended claim, that the employers “by their correspondence and actions” repudiated the employee’s employment agreement when...more

Berkshire

EEOC Updates Under The New Administration

Berkshire on

The Equal Employment Opportunity Commission (EEOC) has been busy since President Trump took office on January 20, 2025. On January 21st, 2025, the President appointed Andrea Lucas as Acting Chair of the EEOC. She has served...more

Mintz - Employment Viewpoints

Sooner the Better: Employers in Canada Should Really Review Their Termination of Employment Clauses

A recent Ontario Court of Appeal (“ONCA”) decision signals a pressing need for Canadian employers to review and consider updating their contractual termination of employment provisions. Otherwise, employers are at risk of...more

Bennett Jones LLP

When is Recording at Work Grounds for Dismissal? A Case of Nuance and Context

Bennett Jones LLP on

In an age where technology makes recording conversations easy and common, a recent wrongful dismissal case (Wan v H&R Block Canada Inc., 2024 ABKB 734) raises important questions about privacy, workplace ethics and the...more

Saul Ewing LLP

National Labor Relations Board Lacks Authority to Award Damages Beyond Back Pay, According to Third Circuit Decision

Saul Ewing LLP on

On December 27, 2024, the U.S. Court of Appeals for the Third Circuit found that the National Labor Relations Board (NLRB) lacks the authority to order an employer to pay damages beyond what it unlawfully withheld from...more

Littler

Ontario, Canada Court of Appeal Agrees “For Cause” Termination Provision Was Unenforceable Because it Did not Comply with ESA’s...

Littler on

Applying prior precedent, the Court of Appeal for Ontario (OCA) in Dufault v. Ignace (Township), 2024 ONCA 915, upheld the Ontario Superior Court of Justice’s (OSCJ) finding that the “for cause” termination provision in an...more

BakerHostetler

Perception Versus Reality: Fifth Circuit Backs Board’s Unfair Labor Practice Finding on Termination Based on ‘Perceived’ Section 7...

BakerHostetler on

The National Labor Relations Board (Board) recently notched a win when the U.S. Court of Appeals for the Fifth Circuit found that a staffing company committed an unfair labor practice by terminating its employee when she...more

Constangy, Brooks, Smith & Prophete, LLP

Foolish CEO quips, fishy termination mean pregnancy case will go to trial

A (not so) perfect cluster. Happy new year, everybody. During the holidays, a federal judge in Wisconsin ruled that an employee’s pregnancy discrimination claim will go to a jury. The plaintiff (we’ll call her “Katy”) was...more

Constangy, Brooks, Smith & Prophete, LLP

3 things that will make an employer's case go down to defeat

Mayday! Mayday! Lately I’ve written about some court decisions that were good for employers. (See here and here.) The reason the outcomes were good is that the employers did the right things before their cases even got to...more

Parker Poe Adams & Bernstein LLP

Supreme Court Denies Review of Fourth Circuit's 'Honest Belief' FMLA Defense

Earlier this year, the Fourth Circuit Court of Appeals (which includes North Carolina, South Carolina, and Virginia) issued a decision that provides employers with an important defense to some Family and Medical Leave Act...more

Littler

Ontario, Canada Appellate Court Provides Guidance to Employers on How to Draft Employment Settlement Documents

Littler on

The Court of Appeal for Ontario found that settlement documents signed after an employee separated from employment prevented him from suing for the value of vested stock options....more

Bricker Graydon LLP

EEOC Cracks Down on Harassment of Transgender Employees

Bricker Graydon LLP on

On October 25, 2024, the Equal Employment Opportunity Commission (”EEOC”) issued a press release stating it was suing a Michigan restaurant for discrimination. The EEOC alleged Culver’s violated federal law when firing a...more

Ius Laboris

Can Digital Dismissal Satisfy ‘Written Notice’ Requirements?

Ius Laboris on

New workplace technologies are influencing the ways in which dismissals are communicated. But under what conditions is it legitimate to use these ‘alternative’ communication methods?...more

Constangy, Brooks, Smith & Prophete, LLP

FMLA leave: 5 things this employer (allegedly) did wrong

Don't be this employer. (Allegedly.) Not long ago, I posted about an employer who won summary judgment in an FMLA case and noted five things that the employer did right, which helped it win. Sad to say, a decision came out...more

Husch Blackwell LLP

Understanding the NLRB General Counsel’s Memo on “Stay-or-Pay” Provisions: What Employers Need to Do by December 6

Husch Blackwell LLP on

On October 7, 2024, the Office of the General Counsel issued a new memorandum, GC 25-01, expanding her prosecutorial agenda to remedy what she sees as the harmful effects of non-compete agreements and so-called “stay-or-pay”...more

Constangy, Brooks, Smith & Prophete, LLP

FMLA abuse: 5 things this employer did right

How'd that happen? An employer who terminated an employee after he took intermittent FMLA leave for diabetes won its case, and recently won again on appeal. According to both courts, the employee appeared to be trying to...more

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

Three Key Considerations in Crafting Effective Multistate Separation Agreements

One of the main reasons for a separation agreement with an employee is to obtain an effective release of claims against the employer. However, ensuring release agreements are effective and enforceable is becoming increasingly...more

Constangy, Brooks, Smith & Prophete, LLP

Don’t let a bad employee’s protected activity lead you into the twilight zone.

You are about to enter another dimension. A journey into the world of discrimination and retaliation. Consider, if you will, the case of an employee who suspects that he or she is about to be fired or demoted for misconduct...more

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