News & Analysis as of August 17, 2025

Corporate Counsel

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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 -

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

Warner Norcross + Judd on 6/19/2025

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

7 strikes, and this employer is OUT!

Constangy, Brooks, Smith & Prophete, LLP on 1/22/2025

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

Sixth Circuit Expands FMLA to Include Care for Sibling When Employee Acts in Parental Role

Parker Poe Adams & Bernstein LLP on 12/20/2024

The Family and Medical Leave Act provides unpaid job-protected leave for a qualified employee to care for a spouse, parent, or child with a serious health condition. This means that FMLA protections do not extend to employee...more

Eleventh Circuit Holds FMLA Retaliation Requires “But-for” Showing

Seyfarth Shaw LLP on 1/11/2024

Seyfarth Synopsis: The United States Court of Appeals for the Eleventh Circuit affirmed a district court’s decision that “but-for” is the proper causation standard for FMLA retaliation claims addressed within the...more

Tenth Circuit Highlights Limits on Employers Defining Essential Functions of a Position

Seyfarth Shaw LLP on 12/19/2023

Seyfarth Synopsis: The Tenth Circuit Court of Appeals reversed a summary judgment award on an employee’s failure-to-accommodate claim. The Court’s decision focused on the employer’s improperly narrow delineation of the...more

Employer Avoids Liability for Wrongful Discharge Despite Alleged Comparator Receiving Lesser Discipline

Poyner Spruill LLP on 4/19/2023

It is often said that consistent application of an employer’s work rules is one of the best ways to avoid liability for discrimination claims. Doing so can help to rebut the allegation that an individual has been subjected...more

Ontario, Canada Court Determines Plaintiff Employee (Not Independent Contractor) Wrongfully Terminated by Common Employers

Littler on 9/29/2022

In a wrongful dismissal action against four corporate defendants that were part of a family business, the plaintiff claimed the defendants were common employers, that he was their employee prior to his dismissal, and was...more

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

Ogletree, Deakins, Nash, Smoak & Stewart,... on 9/21/2022

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

Alberta, Canada: Court Uses Oppression Remedy to Hold Corporate Directors Personally Liable for Wrongful Dismissal Damages

Littler on 8/18/2022

In Wisser v CEM International Management Consultants Ltd, 2022 ABQB 414 (CEM International), the court used the oppression remedy to hold directors of a corporation personally liable for damages for wrongful dismissal after...more

Ontario Superior Court on the Enforceability of Termination Provisions in Employment Agreements

Bennett Jones LLP on 4/26/2022

A Question of Mixed Fact and Law - In a decision for which leave to appeal was denied by the Divisional Court, the Ontario Superior Court of Justice recently confirmed that a Rule 21 motion, seeking a determination of a...more

24 Key Developments in Canadian Labour and Employment Law in 2021

Littler on 12/17/2021

In 2021, Canada saw significant statutory and case law developments in labour and employment law, some of which related to COVID-19. This Insight provides an overview of key 2021 developments, with links to more detailed...more

$10 Million “Reverse” Race & Gender Discrimination Verdict Gives DE&I Programs a Halloween Fright

Littler on 11/1/2021

For the past several years, companies have been focused on creating and executing meaningful diversity, equity and inclusion (DE&I) programs to address the multi-faceted challenges—and opportunities—of diversifying their...more

Pennsylvania Appeals Court Determines State’s Medical Marijuana Act Includes a Private Right of Action for Employees

Littler on 8/20/2021

In a case of first impression, the Superior Court of Pennsylvania has determined that employees can sue their employers for claims under the Pennsylvania Medical Marijuana Act (MMA). Palmiter v. Commonwealth Health Sys.,...more

2,000 COVID-19-Related Employment Lawsuits Filed In The U.S.: An Analysis Of The Data And Trends

Jackson Lewis P.C. on 4/12/2021

On April 6, 2021, the total number of COVID-19-related employment complaints filed in United States courts passed the 2,000 mark. Although it took eight months to reach the first 1,000 complaints (March–November 2020), it...more

Out-of-State Employer Must Comply With Montana Wrongful Discharge Act, Montana Court Rules

Jackson Lewis P.C. on 4/6/2021

Montana’s Wrongful Discharge from Employment Act (WDEA) requires that employers have just cause for discharge of employees after completion of an initial probationary period. A recent Montana case highlights state-specific...more

Retaliation Against a Former Employee Can Give Rise to a False Claims Act Retaliation Claim

Polsinelli on 4/2/2021

On March 31, 2021, in United States ex rel. Felten v. William Beaumont Hospital, the Sixth Circuit Court of Appeals held that an employer’s allegedly retaliatory conduct directed at an employee after the employee’s...more

Adding Insult to Injury: Employers Facing COVID-19-Related Lawsuits Commonly Face Tacked-On Wage and Hour Claims

Fisher Phillips on 3/15/2021

It’s never good news to hear that you have been sued, but lately the flood of COVID-related cases come with something extra – wage and hour claims. In essence, former employees who are retaining counsel for claimed wrongful...more

Ontario, Canada Court Confirms Employers that Revoke Accepted Employment Offers May be Liable for Damages

Littler on 11/2/2020

In Kim v. BT Express Freight Systems (2020), 317 A.C.W.S. (3d) 255, Ontario’s Superior Court confirmed that an employer may be liable for damages if it withdraws an accepted offer of employment or terminates employment...more

Ontario, Canada: Court Considers Employee’s Entitlement to Commissions “Booked and Billed” after Termination but During...

Littler on 9/22/2020

A recent Ontario Superior Court decision, Kerner v. Information Builders (Canada) Inc., 2020 ONSC 2975, clarified whether an employee was entitled to commissions that were “booked and billed” after his job termination, but...more

NY Federal Court Decision Highlights Importance of Careful Drafting of Arbitration Program

Morgan Lewis on 9/16/2020

The US District Court for the Southern District of New York (SDNY) ruled that an employer’s mandatory arbitration program was unenforceable because its terms were contained in an employee handbook and did not create a binding...more

Airline accused of firing executive over coronavirus family leave

McAfee & Taft on 4/22/2020

A lawsuit filed April 16, 2020, in federal court in Pennsylvania may be the first suit filed over the new federal law created in response to the COVID-19 outbreak. Stephanie Jones, a single mother of a school-aged son, claims...more

Canada: Federal Court of Appeal Affirms Federally Regulated Employees Can Make Unjust Dismissal Complaints after Signing Releases

Littler on 2/28/2020

Recently, in Bank of Montreal v. Li, 2020 FCA 22, the Federal Court of Appeal (FCA) dismissed the Bank of Montreal’s (BMO’s) appeal of the decision of the Federal Court (FC) in Bank of Montreal v. Li, 2018 FC 1298....more

Pennsylvania Court Allows Medical Pot User To Proceed With Wrongful Termination Suit

Seyfarth Shaw LLP on 2/4/2020

In a recent decision, Palmiter v. Commonwealth Health Systems, the Pennsylvania Court of Common Pleas held that: (a) the Pennsylvania Medical Marijuana Act (“MMA”) creates a private right of action for wrongful termination;...more

5th Circuit Says No, Employer Not Liable for Religious Discrimination, Retaliation, or First Amendment Violations in Employee...

Seyfarth Shaw LLP on 1/31/2020

Seyfarth Synopsis: Vaccinations have been widely debated over the past few years, leaving employers unclear about their obligations to accommodate employees whose religious beliefs conflict with them. Recently the U.S. Court...more

Employer That “Mistakenly” Terminated Employee On Disability Leave May Be Liable For Discrimination

Proskauer - California Employment Law on 1/15/2020

Glynn v. Superior Court, 42 Cal. App. 5th 47 (2019) - John Glynn worked as a pharmaceutical sales representative before he commenced a medical leave of absence for a serious eye condition (myopic macular degeneration)....more

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