News & Analysis as of

Damages Hiring & Firing

Constangy, Brooks, Smith & Prophete, LLP

Adverse employment actions require a decision maker. Make sure you have one.

Among the first questions I ask when investigating a lawsuit accusing my client of discriminatory conduct is, “Who made the decision?” The reasons are simple. First, an adverse employment action – like termination,...more

Bennett Jones LLP

Not So Dependable? BC Court Says Employers May Not Expect Dependent Contractors to Get Less Reasonable Notice than Employees

Bennett Jones LLP on

In the recent decision of Ursic v Country Lumber Ltd., 2025 BCSC 970 (Country Lumber), the Supreme Court of British Columbia held that there is no presumption that dependent contractors ought to receive less reasonable notice...more

Seyfarth Shaw LLP

Washington Amends EPOA, Bringing More Balance to Employer Job Posting Obligations

Seyfarth Shaw LLP on

On May 20, 2025, Governor Bob Ferguson signed Substitute Senate Bill 5408 (SSB 5408), enacting important amendments to the Washington Equal Pay and Opportunities Act (EPOA). The EPOA has been a hot topic in Washington after...more

Jackson Lewis P.C.

Washington State’s Amended Pay Transparency Law Includes Grace Period for Employers to Cure Job Postings

Jackson Lewis P.C. on

Washington State has taken a significant step for employers under its pay transparency law by giving employers a five-business-day grace period to correct violations in job postings and limiting the damages plaintiffs can...more

Littler

Washington Enacts Mini-WARN Act Requiring Notice Before Certain Layoffs and Closures

Littler on

Washington will soon join the growing list of states that require employers to give 60 days’ advance notice to employees, unions, and the state for certain mass layoffs and business closures. On May 13, 2025, Governor Bob...more

McGlinchey Stafford

Court Awards No Actual, Statutory, Reputational, or Punitive Damages for FCRA Violation in Wrongful Termination Suit

McGlinchey Stafford on

Plaintiff brought action in the United States District Court for the Northern District of Georgia after being terminated by Defendant without receiving pre-adverse notice, in violation of the Fair Credit Reporting Act (FCRA)....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

Littler

Ontario, Canada Appeal Court Dismisses Employer’s Appeal of $1.8 Million Damage Award to Retired VP

Littler on

In Boyer v. Callidus Capital Corporation, 2025 ONCA 79, the Court of Appeal for Ontario (OCA) dismissed the employer’s appeal of the motion judge’s order in Boyer v. Callidus, 2024 ONSC 20, discussed in detail here. The...more

Benesch

Ninth Circuit Diverges from Third Circuit on Scope of National Labor Relations Board’s Remedial Power, Ripening Issue for Supreme...

Benesch on

As previously reported, the Third Circuit Court of Appeals handed Starbucks a victory in NLRB v. Starbucks Corp. by vacating part of an order issued by the National Labor Relations Board (“Board” or “NLRB”) requiring...more

Stikeman Elliott LLP

Did the Punishment Fit the Claim? Employer Hit With $25,000 in Punitive Damages for Making Statutory Entitlements Subject to a...

Stikeman Elliott LLP on

In its recent decision, Thompson v Revolution Resource Recovery Inc.2025 BCSC 8 (“Thompson”), the Supreme Court of British Columbia (the “Court”) made a $25,000 punitive damages award against an employer for attempting to...more

Amundsen Davis LLC

NLRB’s Authority to Order Employers to Reimburse for Unfair Labor Practices Limited by Federal Court of Appeals Decision

Amundsen Davis LLC on

On Friday, December 27, 2024, the U.S. Court of Appeals for the Third Circuit in NLRB v. Starbucks Corp. vacated part of a National Labor Relations Board (NLRB) order on the grounds that it exceeded its authority in ordering...more

Benesch

Third Circuit Court of Appeals Issues Opinion in Starbucks, Limiting National Labor Relations Board’s Remedial Power

Benesch on

On Friday, December 27, 2024, the Third Circuit Court of Appeals handed Starbucks a victory by vacating an order issued by the National Labor Relations Board (“Board”) on the grounds that the Board exceeded its authority...more

Fisher Phillips

SCOTUS Predictions: Cannabis Product Makers Won’t Face Triple Damages Under RICO Law for Driver’s Failed Drug Test

Fisher Phillips on

A commercial truck driver who lost his job after failing a drug test wants to hold cannabis product makers liable under a federal racketeering law – and the case has worked itself all the way up to the U.S. Supreme Court. The...more

Littler

Ontario, Canada Court Reinforces Waksdale’s Impact on Enforceability of Termination Provisions and Provides Guidance on Proving...

Littler on

In De Castro v. Arista Homes Limited, 2024 ONSC 1035, Ontario’s Superior Court of Justice (Court) held the termination provision in an employment contract was unenforceable because it defined “cause” more broadly than does...more

Shook, Hardy & Bacon L.L.P.

Former Driver Wins “Nuclear Verdict” Against Global Package Delivery Company in Retaliation Lawsuit

On September 12, 2024, a Yakima, Washington jury awarded a $237.6 million nuclear verdict to Tahvio Gratton, a former package delivery driver who filed a lawsuit against his employer for violation of federal and state...more

Quarles & Brady LLP

Supply Chain Survival Series: Remedies for Breach of Contract (Article #14)

Quarles & Brady LLP on

We have previously discussed the obligations a non-breaching party has to mitigate its own damages in the event of a contract breach. Assuming a party has mitigated its damages, this article discusses the potential remedies...more

Littler

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

Littler on

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

Littler

Ontario, Canada Court Decides Wrongfully Dismissed Employee’s Rejection of Offer of Comparable Employment Amounts to Failure to...

Littler on

In Gannon v. Kinsdale Carriers, 2024 ONSC 1060, the Ontario Superior Court of Justice denied common law reasonable notice to an employee who was wrongfully dismissed from her employment on the basis that she failed to...more

Ius Laboris

Hong Kong: Think twice before filing an employment claim directly to the High Court

Ius Laboris on

Under Hong Kong’s court rules, the Labour Tribunal has exclusive jurisdiction over claims for money damages arising from an employment contract or the Employment Ordinance. A recent decision highlights the pitfalls in...more

CDF Labor Law LLP

Valentine’s Day “Gift” For Employers With California Employees That Work Under Noncompete Agreements

CDF Labor Law LLP on

In September, California created a cause of action whereby employees may challenge non-compete agreements and win damages and attorney’s fees (see our prior post on “New Golden State Law to Create Gold Rush Litigation Testing...more

Ius Laboris

Compensation ordered after email slip reveals age discrimination

Ius Laboris on

The Brussels Labour Court recently considered the case of an unsuccessful job applicant who was inadvertently emailed evidence that she had been discriminated against due to her age....more

Ius Laboris

No place for pregnancy discrimination

Ius Laboris on

A Hong Kong employee dismissed via WeChat while in hospital has been awarded substantial damages for pregnancy discrimination. The claimant was a former employee of a logistics company. Between 2007 and 2011, she was...more

Fisher Phillips

Former Employees Who Couldn’t Wait to Leave Their Florida Employer Before Illegally Competing Ordered to Pay Heavy Price

Fisher Phillips on

A Florida Circuit Court judge sternly rebuked two former employees of a private South Florida provider of Autism treatment services who began competing illegally with a new employer – while still employed with their old...more

Littler

British Columbia Court Finds Employee Voluntarily Resigned

Littler on

In Khangura v Lumberwest Building Supplies Inc., 2023 BCSC 1053, the Supreme Court of British Columbia dismissed an employee’s claim that he was entitled to damages because he had been wrongfully dismissed without cause. The...more

Fisher Phillips

Top Workplace Law Stories You May Have Missed from June 2023

Fisher Phillips on

It’s hard to keep up with all the recent changes to labor and employment law. While the law always seems to evolve at a rapid pace, there have been an unprecedented number of changes for the past few years — and this past...more

108 Results
 / 
View per page
Page: of 5

"My best business intelligence, in one easy email…"

Your first step to building a free, personalized, morning email brief covering pertinent authors and topics on JD Supra:
*By using the service, you signify your acceptance of JD Supra's Privacy Policy.
- hide
- hide