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Employment Litigation Hiring & Firing

Blake, Cassels & Graydon LLP

Five Employer Wins and Counting: Is the Tide Turning?

In a shift from the prevailing trend of employee-friendly case law regarding the interpretation of employment and compensation agreements, Canadian courts have recently issued a series of rulings in favour of employers. ...more

Pietragallo Gordon Alfano Bosick & Raspanti,...

Is A Performance Improvement Plan Actionable?

Performance improvement plans or PIPs are an effective tool to document an employee’s work issues, establishing constructive goals over a set time frame. Ideally, the employee improves their performance and works with...more

Dorsey & Whitney LLP

Top U.S. Employment Law “Gotchas” for Canadian Companies

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As a U.S. employment lawyer who advises numerous Canadian companies, I’ve seen several traps that Canadian companies frequently fall into. The first step in avoiding these traps is to identify them....more

Fisher Phillips

Another Employer Faces AI Hiring Bias Lawsuit: 10 Actions You Can Take to Prevent AI Litigation

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An unsuccessful job applicant is suing Sirius XM Radio in federal court, claiming the company’s AI-powered hiring tool discriminated against him based on his race. Filed on August 4 in the Eastern District of Michigan, the...more

Constangy, Brooks, Smith & Prophete, LLP

Employer skirts constructive discharge claim

Some good lessons here. I assume our readers all know what a “constructive discharge” is, but just in case you don’t, it’s when an employer deliberately makes the employee’s life at work so miserable that the employee feels...more

Seyfarth Shaw LLP

Helensburgh Coal – is the death knell for outsourcing getting louder?

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Two years ago, in a previous blog, we said the bell had not yet tolled for outsourcing. But that might be a gentle ringing you hear in the distance…....more

Troutman Pepper Locke

Health Care Industry Under Attack for Independent Contractor Misclassification: July 2025 IC Legal News Update

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Unless you were in the health care industry, July 2025 was a relatively slow month for judicial developments in the law of independent contractor (IC) misclassification and compliance. Only two significant IC cases came to...more

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

CDF Labor Law LLP

[Webinar] AI, Algorithms & Employer Protection — What You Need to Know - August 20th, 10:00 am - 11:00 am PT

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Join CDF's Privacy and AI Practice Group Partners, Dan Forman, Dalia Khatib and Linda Wang, on August 20, 2025 at 10:00 AM (Pacific) for a timely discussion on how emerging AI regulations and privacy laws are reshaping...more

McAfee & Taft

Manager’s acts and omissions provide evidence of discrimination and retaliation

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Responding to discriminatory comments, modifying work duties after a request for disability accommodation, and documenting internal business reorganizations are part of a manager’s job. But if handled incorrectly or...more

Husch Blackwell LLP

Michigan Supreme Court Upends Shortened Limitations Periods in Employment Contracts

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Imagine accepting a new job, signing a stack of documents, and working for years—only to learn after being fired that hidden fine print gave you just months, not years, to sue for wrongful termination. Sound fair? The...more

Fisher Phillips

Michigan Standard Employment Forms May No Longer Hold Up in Court: 2 Steps Employers Should Take Now

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The Michigan Supreme Court just ruled that many boilerplate forms employees sign on day one – sometimes known as adhesive employment agreements – are no longer automatically enforceable if they shorten the timeframe for...more

Clark Hill PLC

National Labor Relations Board updates guidance for investigating salting cases

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On July 24, the National Labor Relations Board’s Acting General Counsel, William B. Cowen, issued updated guidance for investigating salting cases that will likely enhance employers’ chances of prevailing before the board....more

Dickinson Wright

$27M Verdict Warns Employers: Vet and Train Employees or Pay the Price

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A recent $27 million jury verdict should put every employer, especially those in the hospitality, retail, and entertainment industries, on high alert: failing to properly screen and train employees can result in significant...more

Offit Kurman

Non-Disparagement Tips for Employers

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Attorneys Sarah Sawyer and Russell Berger from Offit Kurman discuss the nuances of non-disparagement clauses in separation agreements. They explain the difference between disparagement and defamation and emphasize the...more

Parker Poe Adams & Bernstein LLP

Fourth Circuit Holds That Intervening Events Do Not Erase Retaliation Claims

On July 25, 2025, a three-judge panel of the Fourth Circuit issued its opinion in Finley v. Kraft Heinz Inc. upending the grant of summary judgment to an employer in a retaliation case. ...more

Kaufman & Canoles

[Event] Employment Law Symposium - August 28th, Richmond, VA

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Navigate the ever-changing employment law circus at our Richmond Employment Law Symposium. As legal rules continue to shift like contortionists, employers need practical strategies to stay compliant. The K&C Employment Law...more

Benesch

EPOA Amendments to Help Washington Employers Mitigate Liability Amid Forthcoming Decision in Branson v. Washington

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Washington State employers are eagerly awaiting a state Supreme Court decision regarding whether, under the Equal Pay and Opportunities Act (EPOA), a “job applicant” must have a good-faith or bona fide intent to secure...more

Husch Blackwell LLP

California Court Grants Preliminary Collective Certification to Job Applicants Claiming Age Discrimination by Artificial...

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In the closely watched case Mobley v. Workday, the Northern District of California recently granted preliminary certification of a collective action for age discrimination claims against Workday’s AI-based applicant...more

K&L Gates LLP

Unlawful Dismissals: What Changes for Small Companies in Italy After Decision No. 118 of 21 July 2025

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The aim of this alert is to provide an update on the recent ruling issued by the Italian Constitutional Court (the Court) on 21 July 2025 (Decision No. 118), dealing with the consequences of unlawful dismissals in small...more

Health Care Compliance Association (HCCA)

Amid Seeming Error, HHS Finalizes Klote’s Termination As Director of Crippled OHRP; She Issues a Warning

In the end, the final termination letter arrived in the mail on July 18. For nearly three months—about half of the length of time she was director of the HHS Office for Human Research Protections (OHRP)—Molly Klote, M.D.,...more

Latham & Watkins LLP

German Federal Labour Court Rules on Virtual Share Options and Exit Bonuses

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The German Federal Labour Court has tightened its case law. According to a decision from 19 March 2025 (10 AZR 67/24), the reasons for which were only recently published, employees may be entitled to an exit bonus even if the...more

Bradley Arant Boult Cummings LLP

Managers Who Use ChatGPT to Promote Employees – What Could Go Wrong?

While artificial intelligence (AI) can be a powerful tool in a manager’s arsenal when it comes to efficiently making decisions, it is essential to use it ethically and fairly. Companies are no longer relying on AI solely to...more

A&O Shearman

End to six-month cap on unlawful termination compensation in small businesses for Jobs-Act-governed relationships

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On July 21, 2025, the Constitutional Court, with Judgment No. 118/2025, declared the constitutional illegitimacy of Article 9, paragraph 1 of Legislative Decree 23/2015. With this decision, the court deleted the strict...more

Ballard Spahr LLP

Federal Judge rules that firing of Rebecca Slaughter as FTC Commissioner was illegal

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A federal judge has ruled that the President Trump violated federal law when he fired Rebecca Slaughter, a Democrat, as a member of the FTC....more

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