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When facing economic unpredictability, employers are often required to make complex workforce management decisions and be agile with their employment practices. Whether contemplating layoffs, terminations of employment or...more
Employee separations are a common aspect of doing business. When facing an employee separation, employers may find themselves asking, in the words of Boyz II Men, “How do I say goodbye to what we had?” Whether the...more
In a recent decision, the Court of King’s Bench of Alberta upheld a freely negotiated termination clause with a sophisticated employee despite evolution to the employee’s role over the term of employment. The employee’s...more
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
As this blog has consistently noted in the past, one of the most effective ways to combat unfounded allegations in the workplace is diligent record-keeping. Many employers have “point-based” disciplinary policies in which...more
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
Employees can be held accountable for not complying with an employer’s call-in notice requirement, even when the Family Medical Leave Act (FMLA) may apply. In Koch v. Thames Healthcare Group, LLC, the employer had an...more
On June 17, 2021, the U.S. District Court for the District of Oregon issued an opinion and order in Munger v. Cascade Steel Rolling Mills, Inc., addressing an employee’s claims under the Family and Medical Leave Act (FMLA)...more
A recent decision from the Colorado Court of Appeals clarifies that employers can limit the payment of accrued but unused vacation time at separation from employment and that forfeiture is not a violation of the Colorado Wage...more
In a significant decision for employers, a Colorado appellate court recently upheld an employer’s policy requiring forfeiture of accrued, unused vacation at separation of employment, finding the policy did not violate the...more
Employment terminations are serious business and fraught with potential challenges. The simple idea that at-will employees can be discharged for any legal reason without incurring claims, defense costs, and possible...more