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Employee Misconduct

Bennett Jones LLP

Misbehaving Employees Beware: Ontario Court Cracks Down on Post-Termination Misconduct

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The recent decision in Bougiotis v Manji, 2025 ONSC 2365 (Bougiotis), is a cautionary tale for departed employees thinking of misbehaving; and serves as an example of the relief available to employers where former employees...more

WilmerHale

New FCA Rules on Non-Financial Misconduct

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Last week, the FCA published its long-awaited policy statement containing amendments to the FCA’s Code of Conduct (“COCON”) aimed at combatting non-financial misconduct (“NFM”). NFM can amount to a breach of FCA rules in any...more

Goodwin

FCA Non-Financial Misconduct Rules: Private Fund Managers, Fintechs, and Other Non-Banks Firmly in Scope

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In a previous alert, “FCA D&I Standards for Large Firms Abandoned (for now), Non-financial Misconduct Rules Delayed (but Still Important),” we discussed the proposals put forward by the UK Financial Conduct Authority (FCA)...more

Amundsen Davis LLC

[Webinar] Breakfast Briefing: Terminating the Problem Employee - July 16th, 8:30 am - 9:30 am CST

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Whether for poor performance, disruptive behavior, or other reasons or motives of an employer needing to end the employment of problem employees, employers need to appreciate that such employees should not be retained solely...more

BCLP

The Long-Awaited FCA Paper on Non-financial Misconduct – Was It Worth the Wait?

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On 2 July 2025, the FCA published a further consultation paper on “tackling non-financial misconduct in financial services”. The industry has been eagerly awaiting publication of this paper, in the hope that it will address...more

BCLP

FCA Draft Guidance on Non-financial Misconduct Published Today

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The Financial Conduct Authority (FCA) has published its most recent paper on non-financial misconduct (NFM), clarifying its expectations on bullying and harassment in financial services....more

Latham & Watkins LLP

FCA Sets Out Next Steps on Its Approach to Non-Financial Misconduct

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On 2 July 2025, the FCA published its long-awaited proposed next steps on addressing non-financial misconduct (NFM) in financial services. In a joint Consultation Paper and Policy Statement (CP25/18), the regulator is...more

TNG Consulting

[Webinar] Exploring the Role of Defamation Claims and Reputational Harm in Title IX Processes - July 16th, 2:00 pm - 3:15 pm ET

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In May 2025, a jury awarded $2 million to a coach who filed a defamation lawsuit against a student for spreading false rumors of sexual misconduct. This case stands out because successful defamation claims stemming from...more

Lewitt Hackman

Franchisor 101: Duty of Care

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The Texas Supreme Court reversed a lower court’s decision against a franchisor based on a theory of negligence after a customer was assaulted by an employee of the franchisee. The court concluded that franchisor did not owe a...more

Ius Laboris

Out of Sight, Out of Mind? Managing Misconduct in ‘Satellite Offices’

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For multinational corporations looking to establish a presence in Asia, the creation of regional offices in locations such as Hong Kong or mainland China can be a strategic move. Setting up these so-called ‘satellite offices’...more

Bennett Jones LLP

Workplace Investigations: Perfection Is Not the Standard

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A recent decision of Ontario’s Superior Court of Justice provides helpful guidance to Ontario employers on the standard of workplace investigation in the context of a termination for cause. The Court also provides helpful...more

Hanzo

How to Handle Internal Investigations: Different Tactics for Different Triggers

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Internal investigations often start small. A complaint, a suspicious transaction, or a red flag in a routine audit. Most companies try to manage these issues internally, without specialized tools or external legal support....more

Maynard Nexsen

Work This Way: A Labor & Employment Law Podcast | Episode 43: How Employers Can Navigate White Collar Crime with Erica Barnes &...

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In this episode, Tina and Jennie welcome Maynard Nexsen attorneys Erica Barnes and Christian Dysart to explore the intersection of white collar crime and employment and labor law. They share insights on how employers can...more

Constangy, Brooks, Smith & Prophete, LLP

Employee pirates can plunder a business. Arrrgh ye ready?

Piracy is defined as robbery by ship- or boat-borne attackers upon another ship or a coastal area, with a goal of stealing cargo or other valuables. During the Golden Age of Piracy, from the 1680s to the 1720s, infamous...more

Mayer Brown

Employment Investigations Checklist

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In recent years, internal investigations into employee complaints and employee conduct have been on the rise across a variety of industry sectors. Employment (or workplace) investigations can take many forms, and can be...more

Troutman Pepper Locke

Harassment in the Celebrity Workplace: Insights From It Ends With Us — Hiring to Firing Podcast

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It seems that even celebrities are not immune from workplace claims. In this episode of Hiring to Firing, hosts Tracey Diamond and Emily Schifter are joined by their Troutman Pepper Locke employment law partner, Sara...more

Zelle  LLP

Employee Theft of Electronic Data Is Not Direct Physical Damage to or Direct Physical Loss of Business Personal Property

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In Site Jab v. Hiscox Insurance Company, Inc., United States District Judge Lee H. Rosenthal recently tackled whether a business owner’s insurance policy provided coverage for theft of information, including confidential...more

Ankura

Conducting Crisis-led Investigations for Workplace Matters

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An anonymous whistle-blower reports sexual misconduct by the CEO and threatens to go to the media… In the post-MeToo era, organisations face significant challenges when sensitive workplace allegations and details of the...more

Oppenheimer Investigations Group

Guide for Participants in Workplace Investigations

A quick search on Reddit or Google will reveal that workplace investigations often seem shrouded in mystery. Every person involved—complainant, respondent, and witnesses alike—enter the process with questions: Why has my...more

Bradley Arant Boult Cummings LLP

Investigations: Employers Can Avoid Getting in Their Own Way with Some Planning

At some point, every employer will need to investigate an employee’s complaint. An investigation is an important tool that employers can use to fix a workplace problem and minimize liability. Or, an investigation can create...more

Sheppard Mullin Richter & Hampton LLP

Evidence of a Defendant’s Physical or Digital Retention of Trade Secret Information Is Not Required to Prove Trade Secret...

A recent federal district court ruling serves as an important reminder that a former employee may be held liable for trade secret misappropriation even if the alleged trade secrets are not physically or electronically taken...more

Littler

“It Ends with Us” Employment Litigation: Lessons for Hollywood Employers

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Actor Blake Lively’s December 31, 2024, lawsuit against Wayfarer Studios, LLC, director and producer Justin Baldoni, and several others associated with the movie It Ends with Us has cast a spotlight on evolving employment law...more

Fisher Phillips

New Year, New Goals: Why You’ll Want to Add Workplace Investigation Training to Your 2025 Resolution List

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Before the ink dries on your professional New Year’s resolutions, you may want to add “empower leaders with investigation training.” While most employers appreciate that complaints about potential workplace misconduct or...more

Goldberg Segalla

Critical New Year Reminder When Dealing with Employee Performance Procedures

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It is unavoidable. Despite an employer’s best efforts when hiring, every employer has to deal with employee-performance issues, such as bad attitude, poor attendance, or problems getting along with co-workers. In this...more

McNees Wallace & Nurick LLC

Don’t End Up on The Naughty List This Year: Reminders for Employers As We Enter Holiday Season

It’s the most wonderful time of the year! The season’s greetings provide us with time to gather and reflect on the accomplishments and triumphs of ourselves and our peers. With a season so festive and spirits so bright, let’s...more

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