News & Analysis as of

Damages › Termination › Hiring & Firing

Constangy, Brooks, Smith & Prophete, LLP

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

Constangy, Brooks, Smith & Prophete, LLP on

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

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

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

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

Littler

Ontario, Canada Court Confirms Employers that Revoke Accepted Employment Offers May be Liable for Damages

Littler on

In Kim v. BT Express Freight Systems (2020), 317 A.C.W.S. (3d) 255, Ontario’s Superior Court confirmed that an employer may be liable for damages if it withdraws an accepted offer of employment or terminates employment...more

Littler

Ontario, Canada: Court Takes on Employer Termination Conduct

Littler on

The Court of Appeal for Ontario recently rendered a decision in Ruston v. Keddco MFG. (2011) Ltd., 2019 ONCA 125, which serves as a cautionary tale for employers whose termination conduct reveals that they do not take their...more

Smith Anderson

Protecting Company Relationships and Information Upon an Employee Departure

Smith Anderson on

Learn how your company can prepare to act quickly and strategically to protect important relationships, information and trade secrets at the time that a key employee leaves. This webinar will review the latest developments in...more

Haight Brown & Bonesteel LLP

Employment Client Alert: Punitive Damages Award in Title VII Sexual Harassment Case Does Not Violate Due Process

Haight Brown & Bonesteel LLP on

In State of Arizona v. ASARCO LLC, WL 6918577, published December 10, 2014, the Ninth Circuit Court of Appeals held that an award of $300,000 in punitive damages did not violate due process even though no compensatory damages...more

Jaburg Wilk

What is at will employment law?

Jaburg Wilk on

Phoenix Business law firm Jaburg Wilk's employment law attorney Kraig Marton discusses at will employment, various types of employment cases, types of discrimination and how employment cases are assessed....more

Littler

California Supreme Court Rules "Mixed Motive" Is a Mixed Bag for Employers

Littler on

The California Supreme Court recently clarified the defenses available to employers defending against claims of discrimination. In Harris v. City of Santa Monica, No. BC341469 (Cal. Feb. 7, 2013), the court ruled that, if a...more

Proskauer - Whistleblower Defense

Eleventh Circuit: Liquidated Damages For FLSA Retaliation Discretionary, Not Mandatory

Proskauer - Whistleblower Defense on

The Eleventh Circuit joined the Sixth and Eighth Circuits in holding that liquidated damages awards for FLSA retaliation claims are discretionary, not mandatory. Moore v. Appliance Direct, Inc., No. 11-cv-15227 (11th Cir....more

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