News & Analysis as of

Hiring & Firing › Employment Litigation › Notice Requirements

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 -
Bennett Jones LLP

Not So Dependable? BC Court Says Employers May Not Expect Dependent Contractors to Get Less Reasonable Notice than Employees

Bennett Jones LLP on

In the recent decision of Ursic v Country Lumber Ltd., 2025 BCSC 970 (Country Lumber), the Supreme Court of British Columbia held that there is no presumption that dependent contractors ought to receive less reasonable notice...more

Littler

Massachusetts Employers: Include Lie Detector Notice in Your Job Applications

Littler on

Massachusetts law, G.L. c. 149, § 19B, has long banned the use of lie detector tests in employment, and since 1986, also states that employers should provide affirmative notice on all job applications regarding the use of lie...more

Fisher Phillips

Workplace Law Update: 10 Essential Items on Your May To-Do List

Fisher Phillips on

It’s hard to keep up with all the recent changes to labor and employment law, especially given the rapid pace at which the new administration has been moving on initiatives impacting the workplace and beyond. For the latest...more

Fisher Phillips

Massachusetts Employers Facing a Wave of Lie Detector Litigation: Why You Need to Review Your Applications to Ensure Compliance

Fisher Phillips on

In recent months, Massachusetts employers have seen a flurry of lie detector-related litigation – all because unsuspecting employers failed to include a necessary disclaimer in their applications. A relatively obscure state...more

Littler

Ontario, Canada Court Finds Employer Repudiated Employment Agreement When it Failed to Pay Employee’s Contractual Severance

Littler on

In Timmins v. Artisan Cells, 2025 CanLII 2387, Ontario’s Superior Court of Justice found, in an undefended claim, that the employers “by their correspondence and actions” repudiated the employee’s employment agreement when...more

Jackson Lewis P.C.

Employer Reactions to Federal Funding Freeze Could Have WARN Act Consequences

Jackson Lewis P.C. on

As President Donald Trump’s proposed federal funding freeze may take effect within the coming days, organizations that rely upon federal funding may be forced to consider layoffs, furloughs or hours reductions for employees....more

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

German Federal Labor Court Ruling Facilitates Presentation of Evidence When Notice of Termination Is Served by Registered Mail

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

Germany’s Federal Labor Court (Das Bundesarbeitsgericht (BAG)) recently held that there is prima facie evidence that a so-called registered letter is generally posted in the mailbox within the usual local mail delivery times....more

CDF Labor Law LLP

[Webinar] The Californication of Non-Compete Laws – Recent Changes That Impact All Employers Across The United States - June 26th,...

CDF Labor Law LLP on

Join us for an informative webinar on the latest developments in the non-compete agreement arena with two members of CDF’s Unfair Competition & Trade Secret Practice Group: Dan M. Forman, Chair, and Ashley A. Halberda who...more

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

Fifth Circuit Finds That Employee Failed to Provide Adequate Notice of Needing FMLA Leave

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

On March 19, 2024, in Cerda v. Blue Cube Operations, LLC, the U.S. Court of Appeals for the Fifth Circuit affirmed a district court’s grant of summary judgment for an employer, finding that the employee’s acts of informing...more

Nossaman LLP

[Webinar] Employment & Employee Benefits Law Update: Staying Compliant in 2024 - November 16th, 1:00 pm - 2:30 pm PT

Nossaman LLP on

Join us on November 16, 2023, as Nossaman’s Allison Callaghan, Pavneet Singh Mac, Michelle McCarthy and Julia Botezatu discuss new California employment and employee benefits laws and regulations, as well as recent case law...more

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

Fourth Circuit Reinstates Employee’s Claim That Social Media App Messages Provided Sufficient Notice of a Medical Absence

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

On August 15, 2022, the U.S. Court of Appeals for the Fourth Circuit held in Roberts v. Gestamp West Virginia, LLC, that an employer’s “usual and customary” notice procedures relating to absences extended beyond the company’s...more

Littler

Alberta Court of Appeal Decides Employees Entitled to Common Law Reasonable Notice Because Termination Clause Ambiguous

Littler on

In Bryant v Parkland School Division, 2022 ABCA 220, the Court of Appeal for Alberta (ABCA) allowed an appeal from a summary dismissal by the Court of Queen’s Bench of Alberta (ABQB) in Bryant v Parkland School Division, 2021...more

Dentons

Frequently Asked WARN Act Notice Questions

Dentons on

The WARN Act requires businesses to give employees notice of a large-scale layoff. Who receives the notice and when can be confusing. Here are three common questions about WARN notices....more

Dentons

Warnings about the WARN Act: COVID Edition

Dentons on

Businesses operating in Iowa need to take into consideration both the Federal WARN Act, which applies to companies with 100 or more employees, as well as the Iowa Layoff Notification Law, or the Iowa Mini-WARN, which applies...more

Stikeman Elliott LLP

Gone in 60 Days (or More): Court of Appeal Finds Termination Clause did not Limit Employee Termination Entitlements

Stikeman Elliott LLP on

The Alberta Court of Appeal recently reviewed the enforceability of a termination clause that purported to impose limits on employee termination entitlements. In Bryant v. Parkland School Division, the Court held that a...more

Littler

Ontario, Canada Court Applies the Rule in Waksdale and Provides Insight on Calculating Reasonable Notice Damages

Littler on

A recent wrongful dismissal opinion from the Ontario Superior Court of Justice weighed the impact of the pandemic and alleged failure to mitigate when deciding how much reasonable notice damages were owed the plaintiff. In...more

Fisher Phillips

Federal Appeals Court Sides with Employer in Job Applicant’s Background Check Suit: 3 Steps to Avoid Similar Claims

Fisher Phillips on

A job applicant who didn’t disclose a felony conviction can’t sue her prospective employer under a federal background-check law for failing to provide proper notice before rescinding her offer, according to a recent decision...more

Littler

Alberta, Canada Court Deducts CERB Payments from Substantial Reasonable Notice Award to Long-term Employee

Littler on

In Oostlander v Cervus Equipment Corporation, 2022 ABQB 200, the Court of Queen’s Bench of Alberta awarded 24 months’ pay in lieu of reasonable notice to a long-term heavy duty mechanic, less mitigation income. The court also...more

Fisher Phillips

The Top 16 Workplace Law Stories from November 2021

Fisher Phillips on

It’s hard to keep up with all the recent changes to labor and employment law. While the law always seems to evolve at a rapid pace, there have been an unprecedented number of changes for the past few years—and this past month...more

Holland & Knight LLP

Massachusetts Supreme Judicial Court Analyzes State's Domestic Violence and Abuse Leave Act

Holland & Knight LLP on

The Massachusetts Supreme Judicial Court (SJC) on Aug. 25, 2021, issued an opinion interpreting the Massachusetts Domestic Violence and Abuse Leave Act (DVLA) for the first time since its enactment in 2014. The SJC applied a...more

Littler

Ontario, Canada Court Awards Employee $25,000 in Moral/Aggravated Damages Because Employer Breached Duty of Good Faith and Fair...

Littler on

In Russell v. The Brick Warehouse LP, 2021 ONSC 4822 (The Brick Warehouse), on a motion for summary judgment in a wrongful dismissal action, the court awarded $25,000 in moral/aggravated damages because the employer breached...more

Littler

Ontario, Canada Superior Court Determines Employee Misconduct Did Not Justify Dismissal for Cause Without Notice

Littler on

In Czerniawski v. Corma Inc., 2021 ONSC 1514, the Ontario Superior Court of Justice concluded that a long-term employee’s misconduct did not justify dismissal for cause without notice. The court awarded 19 months’ common law...more

Littler

Ontario, Canada Superior Court Deems Employee's Pregnancy an Important Factor in Assessing Reasonable Notice Period for Dismissal

Littler on

In Nahum v. Honeycomb Hospitality Inc., 2021 ONSC 1455, the Ontario Superior Court determined that an employee’s pregnancy should impact the calculation of her reasonable notice period for dismissal.  The court awarded the...more

Bond Schoeneck & King PLLC

Federal Court in Florida Issues Decision in COVID-19 Related WARN Case 

Bond Schoeneck & King PLLC on

Worker Adjustment and Retraining Notification (WARN) litigation is gearing up in the wake of millions of COVID-19 related layoffs that took place in 2020. The Federal WARN Act applies to employers with 100 or more...more

Littler

Saskatchewan, Canada: Court Considers Effect of Re-hired Employee’s Voluntary Interruption in Employment on Calculation of...

Littler on

In Hetherington v Saskatchewan Liquor and Gaming Authority, 2020 SKQB 110, the Queen’s Bench for Saskatchewan considered the impact of an employee’s voluntary interruption of employment on her entitlement to common law...more

42 Results
 / 
View per page
Page: of 2
Next »

"My best business intelligence, in one easy email…"

Your first step to building a free, personalized, morning email brief covering pertinent authors and topics on JD Supra:
Sign up Log in
*By using the service, you signify your acceptance of JD Supra's Privacy Policy.
- hide
- hide