News & Analysis as of

Coronavirus/COVID-19 Termination

Read guidance, analysis, and updates on the myriad issues arising from the global response to the COVID-19 pandemic. Updated hourly every day, the insights published here are written by leading lawyers and law firms... more +
Read guidance, analysis, and updates on the myriad issues arising from the global response to the COVID-19 pandemic. Updated hourly every day, the insights published here are written by leading lawyers and law firms helping to make sense of insurance, employment, tax, securities, M&A, risk management, and every other consideration touched by this crisis. Follow the channel for a daily email brief of the latest and best updates. less -
Chartwell Law

The Tennessee Supreme Court Reaffirms Tennessee’s Adherence to the Employment-at-Will Doctrine

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In a landmark decision, the Supreme Court of Tennessee recently ruled in Heather Smith v. BlueCross BlueShield of Tennessee that the right to petition in Article I, Section 23 of the Tennessee Constitution does not provide a...more

Carlton Fields

Seventh Circuit Affirms Order Compelling Arbitration, Holds Arbitration Agreement Applies to Title VII Claim

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In Retzios v. Epic Systems Corp., the Seventh Circuit Court of Appeals considered an appeal brought by the plaintiff, a former employee of Epic, who was fired after she refused to be vaccinated against COVID-19. The...more

Poyner Spruill LLP

Faith, Fired, and Fourth Circuit: Court Resurrects Religious Discrimination Case Against Inova

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In a significant decision affecting employment discrimination law, the United States Court of Appeals for the Fourth Circuit has unanimously reversed the dismissal of a Title VII religious discrimination lawsuit brought by a...more

Seward & Kissel LLP

Employment Litigation Roundup: November 2024

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In May 2024, two TD Bank entities (“TD Bank”) sued two former employees and their new employer Raymond James Financial Services, Inc. and one of its subsidiaries (together, “Raymond James”) in Connecticut federal court,...more

Warner Norcross + Judd

Trends in the Term: Pending Decisions Distinguishing the Michigan Supreme Court’s 2023-2024 Docket

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Suspense builds as the end of the Michigan Supreme Court’s 2023-2024 term approaches quickly, with scores of argued appeals still unresolved. The 40 appeals that remain undecided reveal interesting trends in the court’s...more

Parker Poe Adams & Bernstein LLP

Fifth Circuit Finds Employee's Protest of COVID-19 Measures Protected Concerted Activity

The National Labor Relations Act’s employee protections extend beyond unionized workplaces or those undergoing organizing activities. Section 8(a)(1) of the NLRA prohibits employers from retaliating against employees who...more

Goldberg Segalla

Employee Protection Limited for ADA and FMLA Discrimination and Retaliation Claims

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Key Takeaways - Resolved medical conditions and COVID-19 symptoms — aside from “Long COVID” — may not be considered “disabilities” under the ADA. A seven-week period between employee engagement in protected activity and an...more

Morrison & Foerster LLP

ISDA Amendments to Master Agreement Relating to Default Notice Provision and Characterisation of Credit Support Annexes

As a response to member feedback relating to the COVID-19 pandemic and following a period of consultation with its members beginning in 2022, the International Swaps and Derivatives Association (ISDA) has published a number...more

BCLP

UK HR Two-Minute Monthly: June 2023

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Our June update includes cases on whether an employer notified of an employee’s pregnancy just before termination is liable for a pregnancy dismissal, whether an employer’s future discovery of a disability makes it...more

McDermott Will & Schulte

HRSA Ends COVID-19 Relief Payments and Processing

The US Health Resources and Services Administration (HRSA) announced on Monday, June 5, 2023, that it has stopped payments to healthcare providers under the Provider Relief Fund (PRF) and COVID-19 Uninsured Program (UIP)....more

Fox Rothschild LLP

COVID-19 Is Not Necessarily a Disability Under the New Jersey Law Against Discrimination

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The New Jersey Superior Court, Appellate Division has issued a published decision holding that, under the facts of the particular case, COVID-19 alone is not a disability under the New Jersey Law Against Discrimination...more

Miller Canfield

Time is Money: Addressing Time Theft in the Workplace

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Every minute counts in the workplace, but what happens when employees start stealing worktime for personal gain? This important issue is known as time theft which is the act of employees taking advantage of company time for...more

Gibney Anthony & Flaherty, LLP

U.S. Ends COVID Testing Requirement for Air Travelers from China

On March 10, 2023, the U.S. Centers for Disease Control (CDC) rescinded its December 2022 order imposing a COVID testing requirement on air travelers to the U.S.  from the People’s Republic of China (PRC), and the Special...more

Stevens & Lee

Can Terminating an Employee for Quarantining Violate New Jersey’s Whistleblower and Anti-Retaliation Laws?

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In a case likely to be the first of many, a New Jersey Superior Court has ruled that an employee who takes medical leave due to COVID-19 symptoms and exposure may be protected by New Jersey’s whistleblower and...more

Constangy, Brooks, Smith & Prophete, LLP

Request for "FMLA leave" is protected activity, court says

Even if the employee doesn't qualify. Picture this. You ask your boss whether you can take leave under the FMLA. Your boss asks why you want the leave, and you say your cat is sick.* It's your favorite cat. Your boss...more

White and Williams LLP

The Amended New Jersey WARN Act Client Alert

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On January 10, 2023, Governor Murphy signed Assembly Bill No. 4768, which gives permanent effect to sweeping amendments previously enacted to New Jersey’s WARN Act (“NJ WARN”). Originally slated to take effect in July 2020,...more

Sheppard Mullin Richter & Hampton LLP

New Jersey Legislature Passes Bill to Set the Effective Date of Amendments to the New Jersey WARN Act

On December 19, 2022, the New Jersey Legislature passed a bill that, if signed by Governor Phil Murphy, would amend the effective date of amendments to the Millville Dallas Airmotive Plant Job Loss Notification Act (“NJ...more

BCLP

PRC Legal Update: Termination of Employment in China and Issues to Note during Covid-19 Pandemic

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Termination of employment by employers in China is virtually never easy even in absence of a crisis situation. When it comes to the economic downturn, employee dismissal becomes far more sensitive....more

Parker Poe Adams & Bernstein LLP

Employer Justified in Terminating Employees Who Hosted Christmas Party During COVID-19

​​​​​​​During the height of the COVID-19 pandemic, employers were understandably concerned that regardless of the measures taken to prevent workplace infections, employees could still place co-workers and third parties in...more

McDermott Will & Schulte

Gefälschter Impfnachweis – wichtiger Grund für außerordentliche Kündigung

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In zwei Entscheidungen hat das LAG Düsseldorf kürzlich deutlich gemacht, dass die Vorlage eines gefälschten Impfnachweises grundsätzlich einen wichtigen Grund für eine außerordentliche Kündigung darstellen kann (Az. 8 Sa...more

Steptoe & Johnson PLLC

Claimant Denied Pennsylvania Unemployment Benefits for Walking Off Job Without Voicing COVID-19 Concerns

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Fear of COVID-19 was not a valid reason for walking off the job, according to the Commonwealth Court of Pennsylvania’s recent decision. Shortly after the lockdown orders were issued by Gov. Tom Wolf in March 2020, a Certified...more

HaystackID

Consistent and Controlled? A Hart-Scott-Rodino Act Transaction Update (March 2022)

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A Hart-Scott-Rodino Act Transaction Update (March 2022) - Taken from the latest published Hart-Scott-Rodino (HSR) Premerger Notification monthly transactions as shared by the Federal Trade Commission (FTC) and augmented by...more

McDermott Will & Schulte

Öffentlichmachung von Prozessakten mit sensiblen Daten als fristloser Kündigungsgrund?

Nach einem aktuellen Urteil des Landesarbeitsgerichts Baden-Württemberg vom 25. März 2022 (7 Sa 63/21) kann die (betriebs-)öffentliche Zugänglichmachung von Schriftsätzen aus arbeitsgerichtlichen Verfahren mittels Dropbox, in...more

Husch Blackwell LLP

Recent Board Decisions Explain Why COVID-19 Won’t be a “Get-Out-of-Jail-Free Card” for Contractors Facing Terminations for Default

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Now that we are two years into the COVID-19 pandemic in the United States, it should come as no surprise that several cases discussing whether COVID-19 is an excusable delay have made their way through the ASBCA and CBCA...more

Jackson Lewis P.C.

University of Connecticut Loses Termination Arbitration With Former Coach

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After a nearly four-year battle, delayed by COVID-19 and the untimely death of the initial arbitrator assigned to the case, former University of Connecticut men’s basketball head coach Kevin Ollie has been determined to have...more

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