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Hiring & Firing › Employee Benefits › Termination

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... more +
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 -
Stikeman Elliott LLP

Status Update: Ontario Court Upholds RSU Forfeiture Provision, Despite Employment Agreement Violating the ESA

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In the recent Wigdor v Facebook Canada Ltd. and Meta Platforms, Inc., 2025 ONSC 4051 decision (the “Decision”), which has not yet been reported, the Ontario Superior Court of Justice upheld the enforceability of restricted...more

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

Termination Requirements Around the Globe

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

In the realm of global employment, the concept of termination payments can be a complex and often surprising issue for U.S.-based employers. Unlike in the United States, where the at-will employment doctrine generally allows...more

Littler

Layoffs in Germany & Poland: Differences & Similarities

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As layoff procedures in Poland and Germany are anchored in the same EU Directive, their national regulations are similar in direction, but they still have their own flavor and local specificity. Germany and Poland share...more

Mintz - Employment Viewpoints

Key Employment Law Considerations for Canadian Businesses Impacted by Tariffs

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As of this writing, the Trump administration has implemented a 25% tariff on most Canadian goods imported into the United States. Canadian governments at all levels are preparing relief programs for local businesses, but...more

Fox Rothschild LLP

Federal Funding Cuts: Key Considerations for Employers Facing Potential Layoffs

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The Office of Management and Budget issued a vaguely worded memorandum on Jan. 27, 2025, ordering a blanket freeze (with very limited exceptions) in all federal grants, federal loans, and other forms of federal financial...more

McNees Wallace & Nurick LLC

Voluntary Buyouts:The Pros and Cons

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Yesterday, the Trump Administration announced that it offered voluntary buyouts to over two million federal employees.  Employees who voluntarily resign their position will receive payments equal to approximately eight months...more

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

Mastering Middle Eastern Markets: 8 Essential Tips for Global Employers

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Setting up operations in the Middle East comes with a unique set of challenges and considerations requiring knowledge of regional legal obligations and cultural practices that can affect workplaces—from the necessity of...more

Foley & Lardner LLP

Don’t You Forget About Me: Terminating Employees and Benefits to Think About

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No matter the size of your organization, at some point in time employees leave. As we noted previously, it behooves human resources and other departments to provide departing employees with an exit letter that includes...more

Littler

Amended Maine Law Will Require Vacation Payout When Employment Ends

Littler on

Maine’s governor recently signed H.P. 160 - L.D. 225, amending the state’s final wages statute to require that “[a]ll unused paid vacation accrued pursuant to the employer's vacation policy on and after January 1, 2023 must...more

Partridge Snow & Hahn LLP

IRS FAQ Expands Free COBRA Entitlement

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On May 18, 2021, the Internal Revenue Service published guidance in the form of a series of 86 questions and answers (“FAQ”) that address the American Rescue Plan Act of 2021’s (“ARPA”) continuation health coverage in the...more

Fisher Phillips

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

Fisher Phillips on

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

Foley & Lardner LLP

LGBTQ Employees Can Sue for Termination – What Other Employment Policies Do You Now Need to Review?

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A few weeks ago, we told you the story of Hannah and Bob, and the U.S. Supreme Court’s landmark holding that under Title VII of the Civil Rights Act of 1964, it is impossible to discriminate against a person for being gay,...more

McGlinchey Stafford

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

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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

Constangy, Brooks, Smith & Prophete, LLP

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

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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

Foley & Lardner LLP

Dear Former Employee, Here Are a Few Things I Want You to Know

Foley & Lardner LLP on

Do you provide terminated employees with information regarding their employee benefits upon termination? If not, consider doing so now—especially if you typically provide a lot of your benefits information on your intranet...more

Best Best & Krieger LLP

A 457(b) Plan Distribution Depends on Which 457(b) Plan You’re In

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With very few exceptions, the rules governing governmental 457(b) plans require a “severance of employment” to occur before a distribution can be made. Recently, we came across yet another of those arcane, little-known rules...more

McDermott Will & Schulte

Severance and Deferred Compensation Considerations for Tax-Exempt Colleges and Universities

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In-house counsel and human resources professionals at tax-exempt colleges and universities often face a variety of challenges when structuring, and determining obligations due under, severance arrangements. There are some key...more

Littler

Ontario, Canada: Reducing the Risk That an Employer’s Release of Claims is Found Unenforceable

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When an Ontario employee executes a well-drafted release of claims upon termination, there may still be a risk that a court will conclude the release is unenforceable because it is unconscionable....more

FordHarrison

Seventh Circuit Holds Distressed County Did Not Violate ADEA When It Terminated Rehired Retirees to Preserve Supplemental Health...

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On July 26, 2017, the United States Court of Appeals for the Seventh Circuit in Carson v. Lake County, Indiana affirmed the district court’s order granting summary judgment to the employer on the plaintiffs’ Age...more

Bennett Jones LLP

Plain Language in Bonus Plan Prevails: No Employment, No Vesting, No Bonus

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In positive news for employers, in Styles v Alberta Investment Management Corporation, 2017 ABCA 1 [Styles], the Alberta Court of Appeal (ABCA) affirmed that an employee who does not meet a clear and well drafted condition of...more

Eversheds Sutherland (US) LLP

Cooperate or Terminate: Second Circuit Protects Companies that Terminate Employees for Failure to Cooperate with Investigations

Eversheds Sutherland (US) LLP on

On June 16, the U.S. Court of Appeals for the Second Circuit upheld the right of a company to terminate for cause executives who refuse to cooperate with an internal investigation and remain “silent” even with the specter of...more

Pullman & Comley - Labor, Employment and...

Payment of Accrued But Unused Vacation Pay

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The Connecticut rules for payment of accrued but unused vacation pay when employment terminates are fairly simple, but a brief refresher may be helpful to employers. Connecticut General Statutes § 31-71f requires...more

Davis Wright Tremaine LLP

What Everyone Needs to Know About the Coordination of Severance Benefits, COBRA, and the ACA

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In a common occurrence throughout corporate America, an employee terminates employment and as a result will lose company-provided health care coverage. To obtain health care coverage, the employee has two options: 1) elect...more

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