News & Analysis as of

Termination Resignation

FordHarrison

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

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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

Fox Rothschild LLP

Houston Methodist Hospital Loses 153 Employees Over Mandatory COVID-19 Vaccination Policy

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Approximately ten days after the first federal court decision in the country about mandatory-COVID-19 vaccinations by an employer, Bridges v. Houston Methodist Hospital (the “Hospital”), 153 of the Hospital’s employees were...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

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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

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

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?

Genova Burns LLC on

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

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

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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

Ballard Spahr LLP

Pa. Superior Court Affirms Punitive Damage Award in Breach of Noncompetition Agreement

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The Pennsylvania Superior Court has affirmed a lower court ruling that assesses punitive damages against several individuals and their new employer resulting from their en masse departure from a previous firm and, in the...more

Proskauer - California Employment Law

California Employment Law Notes - July 2016

Employer Is Entitled To Recover $4 Million In Attorney's Fees From EEOC - CRST Van Expedited, Inc. v. EEOC, 578 U.S. ___, 136 S. Ct. 1642 (2016) - The EEOC filed suit against CRST (a trucking company) alleging...more

Ervin Cohen & Jessup LLP

Final Pay Facts: How To Pay So That You Don’t Pay

A few months ago I posted a blog article that outlined the basic rules on when a terminated or resigning employee must be paid his or her final wages in the State of California (“Payments Upon Termination of Employment: Is...more

Laner Muchin, Ltd.

Improve Compliance Of Retirement And Group Health Plans In 2014

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Retirement plan fiduciaries should consider the following best practices to improve their plan’s governance in 2014: (i) if fiduciary duties have been delegated, make certain that the delegations are in writing and are being...more

Ervin Cohen & Jessup LLP

Payments Upon Termination Of Employment: Is Anyone Still Confused?

Most California employers know that an employee who is fired must be paid all of his or her wages, including accrued but unused vacation, immediately at the time of termination. Labor Code sections 201 and 227.3. However, I...more

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