News & Analysis as of August 18, 2025

Termination

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Hiring & Firing refers to the process of recruiting, interviewing and offering employment and the process of evaluating performance and dismissing employees. Hiring & Firing is a highly regulated area and can create tremendous liability for employers who fail to properly adhere to acceptable employment practices. Some of the potential pitfalls in this area stem from discriminatory hiring practices, improper performance evaluations, and retaliatory firings. less -

Seventh Circuit Affirms Order Compelling Arbitration, Holds Arbitration Agreement Applies to Title VII Claim

Carlton Fields on 4/1/2025

In Retzios v. Epic Systems Corp., the Seventh Circuit Court of Appeals considered an appeal brought by the plaintiff, a former employee of Epic, who was fired after she refused to be vaccinated against COVID-19. The...more

Fifth Circuit Finds Employee's Protest of COVID-19 Measures Protected Concerted Activity

Parker Poe Adams & Bernstein LLP on 3/29/2024

The National Labor Relations Act’s employee protections extend beyond unionized workplaces or those undergoing organizing activities. Section 8(a)(1) of the NLRA prohibits employers from retaliating against employees who...more

UK HR Two-Minute Monthly: June 2023

BCLP on 6/27/2023

Our June update includes cases on whether an employer notified of an employee’s pregnancy just before termination is liable for a pregnancy dismissal, whether an employer’s future discovery of a disability makes it...more

Time is Money: Addressing Time Theft in the Workplace

Miller Canfield on 6/14/2023

Every minute counts in the workplace, but what happens when employees start stealing worktime for personal gain? This important issue is known as time theft which is the act of employees taking advantage of company time for...more

PRC Legal Update: Termination of Employment in China and Issues to Note during Covid-19 Pandemic

BCLP on 11/10/2022

Termination of employment by employers in China is virtually never easy even in absence of a crisis situation. When it comes to the economic downturn, employee dismissal becomes far more sensitive....more

Employer Justified in Terminating Employees Who Hosted Christmas Party During COVID-19

Parker Poe Adams & Bernstein LLP on 10/21/2022

During the height of the COVID-19 pandemic, employers were understandably concerned that regardless of the measures taken to prevent workplace infections, employees could still place co-workers and third parties in...more

ARPA COBRA Subsidy – When is a Termination of Employment Involuntary?

Proskauer - Employee Benefits & Executive... on 3/18/2021

As we previously explained in our prior blogs, both here and here, on the new COBRA subsidy rules, the American Rescue Plan Act of 2021 (“ARPA”), includes a 100% COBRA premium subsidy for periods of coverage occurring between...more

What Is A Vacation In A Pandemic And Why Does It Matter?

Vinson & Elkins LLP on 1/15/2021

When I first started advising employers in the early 1990s, a common problem was the terminated employee who demanded to be paid for a large amount of unused vacation time. In recent years, employers have gotten much smarter...more

California Lawsuit Prevention 101

Fox Rothschild LLP on 10/28/2020

It may be the season for a pumpkin latte and too much candy, or finally breaking out those soft sweaters and fuzzy slippers as the weather starts to chill (even in Los Angeles). But it is also the season for new lawsuits. In...more

International Challenges to Dismissing Employees During the COVID-19 Pandemic

Epstein Becker & Green on 9/22/2020

Outside of the United States, terminating employees can be difficult even in “normal” times. The concept of “at-will” employment is uniquely American, and generally, employers in non-US jurisdictions only may terminate...more

IRS Guidance On The Effect Of COVID-19 On Partial Plan Terminations

Fisher Phillips on 9/18/2020

COVID-19 has forced many employers to reduce their workforce through furloughs or layoffs. These reductions may cause employers to experience a partial plan termination of their qualified retirement plans, which requires 100%...more

Rehiring Employees Terminated Due to COVID-19 by the End of the 2020 Plan Year May Help Avoid a Partial Plan Termination

Bond Schoeneck & King PLLC on 8/20/2020

During the COVID-19 crisis, many employers have had to make difficult employment decisions, including large scale furloughs and layoffs. One employee benefits issue that impacts employers who have reduced their workforces is...more

Part 26 of “The Restricting Covenant” Series: COVID-19 Edition

Faegre Drinker Biddle & Reath LLP on 8/17/2020

The global COVID-19 pandemic continues to impact employers and their employees’ work activities in a variety of ways. Millions of workers have been terminated, laid off or furloughed. Companies have shifted to remote...more

Employee Terminations in the Time of COVID – To Vest or Not to Vest?

Foley & Lardner LLP on 7/15/2020

Clients often ask if they are required to vest employees when they terminate employment. The answer is usually no. Although employers may vest an employee’s 401(k) account balance on termination, they are generally not...more

Employers: Benefits Considerations Post-Pandemic [More with McGlinchey Ep. 3]

McGlinchey Stafford on 7/1/2020

During the Coronavirus, it’s been fun working from home, but many are returning to the trenches. One of the issues we need to take a look at is employee benefits. In this episode, McGlinchey Labor & Employment team members...more

Canada: COVID-19 and Relief from Mass Termination Rules

Littler on 6/22/2020

Canadian businesses have suffered severe financial distress due to COVID-19. Many employers have been forced to lay off their employees hoping they would only be required to do so temporarily. It has become clear that the...more

Los Angeles City Council Passes Ordinances Regarding Right to Recall and Worker Retention

Epstein Becker & Green on 5/5/2020

On April 29, 2020, the Los Angeles City Council simultaneously passed two ordinances in response to COVID-19 that could potentially have long lasting and far reaching impacts on applicable businesses: the Right of Recall...more

Benefits Considerations In Light Of Changing Employment Conditions And The COVID-19 Pandemic

Constangy, Brooks, Smith & Prophete, LLP on 3/25/2020

In light of the current COVID-19 health care crisis, employers are considering numerous options in the face of closed businesses and reduced income. These considerations include reducing employee work hours, furloughing...more

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Hiring & Firing › Coronavirus/COVID-19 › Termination

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