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Coronavirus/COVID-19 › Wrongful 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 -
Stikeman Elliott LLP

Needle-less Dispute? BC Court Finds That Unpaid Leave Due to Non-Compliance Did Not Amount to Constructive Dismissal

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The COVID-19 litigation lag continues to play out in Canadian courts; and employers are starting to get some clarity on some of the key workplace issues that arose during the pandemic. In Clark v. City of Prince George,...more

Littler

Ontario, Canada Appeal Court Confirms Employment Contract Frustrated by Employee’s Refusal to Comply With COVID-19 Vaccination...

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In Croke v. VuPoint System Ltd., 2024 ONCA 354, the Court of Appeal for Ontario (OCA) upheld the Superior Court of Justice – Ontario (SCJ)’s summary judgment decision that an employee’s refusal to comply with their employer’s...more

Ius Laboris

Canadian court upholds termination of unvaccinated worker

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The Ontario Court of Appeal recently held that an employee’s failure to meet COVID-19 vaccination requirements imposed by a third party amounted to frustration of the employment contract. As a result, there was no obligation...more

Littler

British Columbia, Canada Appeal Court Rejects Employer’s Frustration Defence in Circumstances Connected to COVID-19

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In Aldergrove Duty Free Shop Ltd. v. MacCallum, 2024 BCCA 28, the Court of Appeal for British Columbia (BCCA) dismissed an employer’s appeal when it agreed with the lower court that the employer could not use the frustration...more

Dorsey & Whitney LLP

Don’t Let a Tight Labor Market Get Your Guard Down

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In wrongful termination cases in the U.S., the primary source of liability for employers is an employee’s alleged lost wages. Under U.S. law, an employee who is terminated for a discriminatory or a retaliatory reason is...more

Parker Poe Adams & Bernstein LLP

Employer Justified in Terminating Manager Over Disparaging Mask Mandate Comments

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Litigation over employment issues relating to the COVID-19 pandemic is finally reaching the trial and appellate courts. This week, the Tenth Circuit Court of Appeals affirmed dismissal of a lawsuit from a warehouse manager...more

Littler

Ontario, Canada Arbitrator Upholds Reasonableness of Hospital Vaccination Policy Providing for Employment Termination of...

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An arbitrator recently issued the first award in Ontario to address and uphold the reasonableness of a hospital vaccination policy that provides for the termination of employment for non-compliance.  In Lakeridge Health and...more

Bradley Arant Boult Cummings LLP

Bringing Work Home: Emerging Limits on Monitoring Remote Employees

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Along with the increasing number of remote work arrangements available to employees in the wake of the COVID-19 pandemic has come an exponential rise in employers’ use of employee monitoring technology. Nearly 80% of major...more

Littler

Ontario, Canada Court Ends Injunction Staying Termination of Unvaccinated Employees under Mandatory COVID-19 Vaccination Policy on...

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On October 29, 2021, in Blake v. University Health Network, 2021 ONSC 7139 (Blake), the Ontario Superior Court of Justice discontinued an interim injunction that it had issued on October 22, 2021, staying the terminations of...more

Littler

Ontario, Canada Court Awards Employee Longer Reasonable Notice Period Due to Pandemic’s Impact

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In Kraft v. Firepower Financial Corp., 2021 ONSC 4962 (Firepower Financial), an employee brought a motion for summary judgment seeking 10 months’ salary in lieu of notice, commissions and bonuses, and holiday and vacation pay...more

BCLP

HR Two Minute Monthly: COVID-19 automatically unfair dismissal; objective justification to discrimination arising from disability;...

BCLP on

COVID-19- automatic unfair dismissal for employee who remained in Italy during outbreak - A Tribunal has found, in the case of Montanaro v Lansafe Limited, that an employee who had travelled from the UK to Italy for the...more

Holland & Hart - Employers' Lawyers

Nevada Legislative Update 2021

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Similar to 2019, in 2021, the Nevada Legislature passed several bills implicating employment issues for both private and public employers. High level summaries of the relevant provisions of these bills and their effective...more

Holland & Hart LLP

Nevada Legislative Update - June 2021

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Similar to 2019, in 2021, the Nevada Legislature passed several bills implicating employment issues for both private and public employers. High level summaries of the relevant provisions of these bills and their effective...more

Fox Rothschild LLP

Federal Court Upholds Hospital’s COVID-19 Vaccination Mandate

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In the first ruling of its kind nationwide, a federal court in Texas has upheld a hospital’s policy requiring employees to be vaccinated against COVID-19 as a condition of continued employment... ...more

Seyfarth Shaw LLP

In Precedent Setting Ruling, Texas Federal Court Dismisses Employees’ Wrongful Termination Suit Regarding Refusal To Receive...

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Seyfarth Synopsis: In a recent case out of the U.S. District Court for the Southern District of Texas, the Court dismissed wrongful termination and violation of public policy claims brought by employees refusing an employer’s...more

CDF Labor Law LLP

Mandatory Vaccination Policies Remain Hot Issue for Healthcare

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On June 12, 2021, a federal judge in the Southern District of Texas dismissed a case filed by 116 hospital employees who challenged Houston Methodist Hospital’s (the “Hospital”) mandatory COVID-19 vaccination policy. Jennifer...more

Bricker Graydon LLP

U.S. District Court dismisses challenge to hospital’s employee vaccine mandate

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On April 1, 2021, Houston Methodist Hospital announced that all of its employees would be required to be vaccinated against COVID-19 by June 7, 2021, but that it would provide accommodations to any employee with disability...more

Husch Blackwell LLP

[DISMISSED]: First Lawsuit Filed Challenging Private Employer-Mandated COVID-19 Vaccine

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UPDATE: On June 12, 2021, the hospital’s motion to dismiss this lawsuit in its entirety was granted. The Court found that the hospital’s policy of mandating the COVID-19 vaccine aligned with its business of saving lives...more

Amundsen Davis LLC

Yes, Your Employer Can Require You To Be Vaccinated, According To A Federal Judge In Texas

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A federal judge in Texas on June 12, 2021 dismissed a lawsuit brought by Texas health care workers challenging their hospital’s COVID-19 vaccine mandate. The scathing opinion by U.S. District Judge Lynn N. Hughes left no...more

Fisher Phillips

What Employers Need To Know as Federal Judge Upholds Houston Hospital’s Workplace Vaccine Requirement

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Concluding that a highly publicized lawsuit challenging Houston Methodist Hospital’s mandatory vaccination policy failed to state viable legal claims and misrepresented certain facts, federal Judge Lynn Hughes dismissed the...more

Littler

British Columbia, Canada Court Deducts CERB From Employee’s Damages for Wrongful Dismissal

Littler on

To date, few decisions in Canada have considered whether the amount of the Canadian Emergency Response Benefit (CERB) employees receive after their job termination should be deducted from their damages in lieu of common law...more

Dorsey & Whitney LLP

Coronavirus Lawsuits More Than Double In 2021; Those Against Healthcare Providers Steadily Increase

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Despite widespread vaccine availability and the corresponding optimism about returning to “normal,” the coronavirus pandemic continues to spawn hundreds of employment and health-related lawsuits. Many of these lawsuits have...more

Fisher Phillips

COVID-19 Whistleblower Lawsuits Continue to Target Healthcare Employers, Revealing Risks of Hasty Decision Making

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Fisher Phillips’ COVID-19 Employment Litigation Tracker continues to report that the healthcare industry is the hardest hit by COVID-19 employment litigation. As of the beginning of June, more than one in five of every...more

Cole Schotz

EEOC Updates Workplace COVID-19 Vaccination Guidance For Employers

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On May 28, 2021, the Equal Employment Opportunity Commission (“EEOC”) issued updated guidance regarding workplace COVID-19 vaccination policies and employee accommodations (the “Updated Guidance”). Among other issues, the...more

Husch Blackwell LLP

First Lawsuit Filed Challenging Private Employer-Mandated COVID-19 Vaccine

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On May 28, 2021, 117 unvaccinated nonmanagerial employees from Houston Methodist Hospital filed a lawsuit to challenge the hospital’s vaccine mandate in Jennifer Bridges et al. v The Methodist Hospital. This appears to be the...more

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