News & Analysis as of

Employment Litigation Wrongful Termination

Verrill

Orabona v. Santander: The Importance of ERISA Status for Severance Plans

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Severance plans subject to the Employee Retirement Income Security Act of 1974, as amended (“ERISA”) must satisfy certain compliance requirements, but federal law affords employers significant advantages in the event a...more

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

Blake, Cassels & Graydon LLP

Risques à surveiller en matière de congédiement déguisé

Les risques d’allégations de congédiement déguisé demeurent une préoccupation importante pour les employeurs canadiens, en particulier dans le contexte de changements opérationnels. Les tribunaux considèrent qu’un...more

Jackson Lewis P.C.

Puerto Rico Supreme Court Reaffirms Importance of Just Cause for Employee Terminations

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The Puerto Rico Supreme Court recently issued a decision reaffirming the importance of just cause for employment terminations in Puerto Rico. Méndez Ruiz v. Techno Plastics Industries, Inc., No. 2025 TSPR 68 (June 26, 2025)....more

Littler

Puerto Rico Supreme Court Clarifies Limits for Unjustified Dismissal Under the Workers' Compensation Act

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On June 26, 2025, the Puerto Rico Supreme Court (PRSC) issued an opinion in Méndez Ruiz v. Techno Plastics Industries, Inc., 216 D.P.R. ____, 2025 TSPR 68 (2025), determining whether the defendant had “just cause” under...more

Array

This Week in eDiscovery: Privilege Logs are Evidence Too

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Every week, the Array team reviews the latest news and analysis about the evolving field of eDiscovery to bring you the topics and trends you need to know. This week’s post covers the period of June 22-28. Here’s what’s...more

Proskauer - California Employment Law

If You’re Experiencing a Massive Jury Verdict, Hang Up and Dial 911!

A California jury did it again! Last Thursday, a Los Angeles jury awarded $27.5 million to a former chief nursing officer of a hospital for the alleged post-traumatic stress disorder and other psychological problems she...more

EDRM - Electronic Discovery Reference Model

Privilege Log Helps Defeat Summary Judgment on One Count

In Conner v. Stark & Stark, P.C., 2025 WL 1694052 (D.N.J. June 17, 2025), defendant’s privilege log helped partially defeat defendant’s summary judgment motion....more

Foley & Lardner LLP

First Circuit Concludes Employee’s Wrongful Termination, Other State Law Claims are Preempted by Federal Law

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The U.S. Court of Appeals for the First Circuit (covering Maine, Massachusetts, New Hampshire, Puerto Rico, and Rhode Island) recently awarded a victory to employers litigating claims “related to” certain employer-sponsored...more

Warner Norcross + Judd

Employment Terminations Based on “Cultural Fit”: A Cautionary Tale for Employers

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On June 17, the U.S. Court of Appeals for the Sixth Circuit issued Kean v. Brinker International, Inc., an opinion that reverses summary judgment for the employer and sends a former Chili’s general manager’s Age...more

Tucker Arensberg, P.C.

Federal Court Refuses to Dismiss Claims Brought Under Pennsylvania’s Criminal History Record Information Act (“CHRIA”)

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Deivert v. Zartman and Borough of Northumberland, 2025 WL 83747 (M.D.Pa. 2025) - (Neither a municipality nor a municipal manager had immunity under the Pennsylvania Political Subdivision Tort Claims Act (“PPSTCA”) for the...more

Sheppard Mullin Richter & Hampton LLP

Court of Appeal Holds an Employee Cannot Recover Damages for Defamation Related to a Wrongful Termination Claim

The California Court of Appeal issued an important decision clarifying that an employee cannot recover damages for a defamation claim that is derivative of a wrongful termination claim. Defamation causes of action are often...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

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

Bennett Jones LLP

Termination Provisions and the Perils of Imprecise Drafting: Key Lessons from De Castro v Arista Homes Limited

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The Ontario Court of Appeal’s recent decision in De Castro v Arista Homes Limited, 2025 ONCA 260 (De Castro) provides Ontario employers with yet another reminder about the importance of clear and concise drafting in...more

Troutman Pepper Locke

Judge Halts CFPB Layoffs Again

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At an emergency hearing this morning in National Treasury Employees Union v. Vought, Judge Amy Berman Jackson once again halted the layoffs of over 1,000 employees at the Consumer Financial Protection Bureau (CFPB). The judge...more

Ballard Spahr LLP

Judge Jackson schedules hearing for 11:00 AM today regarding mass layoffs at the CFPB

Ballard Spahr LLP on

It was reported last night that the CFPB had laid off about 90% of its staff. This came on the heels of the CFPB providing each of its employees with its 2025 Supervisory and Enforcement Priorities which calls for a much...more

Constangy, Brooks, Smith & Prophete, LLP

No wrongful discharge claim based on exercise of rights under state Constitution, Tennessee high court says

The Tennessee Supreme Court has recently held that there is no legal claim for wrongful discharge where an employer terminates an employee because the employee exercised a right set forth in the state Constitution. The...more

Ogletree, Deakins, Nash, Smoak & Stewart,...

Beltway Buzz - April 2025 #2

The Beltway Buzz™ is a weekly update summarizing labor and employment news from inside the Beltway and clarifying how what’s happening in Washington, D.C., could impact your business....more

CDF Labor Law LLP

Intersection Between Defamation and Wrongful Termination Claims - California Court of Appeal Provides Clarification

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Employees who sue their former employer for wrongful termination following a workplace investigation may feel compelled to bring a claim for defamation, based on their belief that the allegations and/or investigation findings...more

Dickinson Wright

Should You Use a Performance Improvement Plan?

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A Performance Improvement Plan (“PIP”) is a long-standing HR tool for managing underperforming employees. Employers often use a PIP to document deficiencies and outline specific goals the underperforming employee must reach...more

Miles Mediation & Arbitration

Work Matters: 3 Employment Trends for Attorneys to be Aware of

If you’re an employment attorney, you’re likely following the litigation around the Federal Trade Commission’s final rule of April 23, 2024 that attempts to eliminate almost all post-employment covenants not to compete....more

Cooley LLP

From Employee to Plaintiff: What to Do When You Get Sued by a Former Employee in the US

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Getting sued by a former employee can be a stressful experience for any employer, especially for a company that has just started to grow its workforce and is not experienced with these kinds of claims. Unfortunately, the cost...more

Bennett Jones LLP

When is Recording at Work Grounds for Dismissal? A Case of Nuance and Context

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In an age where technology makes recording conversations easy and common, a recent wrongful dismissal case (Wan v H&R Block Canada Inc., 2024 ABKB 734) raises important questions about privacy, workplace ethics and the...more

Constangy, Brooks, Smith & Prophete, LLP

7 strikes, and this employer is OUT!

Employer going to trial in age discrimination case. We had a blizzard last Friday (in North Carolina, 2 inches is a blizzard), and we still have ice and snow on the ground a week later. Anyway, I've had enough of winter now...more

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