News & Analysis as of

Termination Employee Rights Employment Policies

Constangy, Brooks, Smith & Prophete, LLP

Employer skirts constructive discharge claim

Some good lessons here. I assume our readers all know what a “constructive discharge” is, but just in case you don’t, it’s when an employer deliberately makes the employee’s life at work so miserable that the employee feels...more

Whiteford

Employment Law Update: Federal Judge Rules Attorney Was Fired for Legitimate Workplace Behavior Concerns, not Due to Alleged...

Whiteford on

A recent decision from the U.S. District Court for the Western District of Washington highlights the importance of clear, documented reasons for employee terminations. In Kang v. The Boeing Company, a case involving a former...more

Kohrman Jackson & Krantz LLP

Good Intentions, Lawful Termination: Sixth Circuit Backs Employer Discipline

In a recent decision that reinforces the importance of consistent policy enforcement, the Sixth Circuit upheld the dismissal of an age discrimination lawsuit filed by a nurse terminated from the Cincinnati VA Medical Center...more

Ice Miller

Employee Terminations: Honesty is the Best Policy

Ice Miller on

Terminating an employee can be one of the most consequential decisions an employer can make. The best way to mitigate risk? Honesty....more

Troutman Pepper Locke

Performance Reviews: Lessons from Severance — Hiring to Firing Podcast

Troutman Pepper Locke on

In this episode of Hiring to Firing, hosts Tracey Diamond and Emily Schifter dive into the challenges of managing employee performance, taking lessons from Mr. Milchick’s infamous performance review in the latest season of...more

Littler

Washington State Enacts New Legislation to Define Employee Access to Their Personnel Records and Termination Information

Littler on

As many Washington employers are acutely aware, there exists sparse statutory guidance on how employers must respond to personnel file requests by their employees – and no statutory definition of what constitutes a “personnel...more

Blake, Cassels & Graydon LLP

Adapter la gestion de l’emploi en contexte d’imprévisibilité économique

Dans un contexte économique imprévisible, les employeurs sont appelés à prendre des décisions complexes en matière de gestion des ressources humaines et à faire preuve d’agilité. Qu’il s’agisse d’une mise à pied, d’un...more

Holland & Hart - Employers' Lawyers

Q&A: Paying Out PTO At Termination

Question: If we offer unlimited paid time off (PTO) and employees don’t accrue PTO, do we have to pay anything out at termination?...more

Maynard Nexsen

An Employer’s Guide to Employee Separations

Maynard Nexsen on

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

Jackson Lewis P.C.

Potential Unlawful Conduct + Employment Decisions: Wisconsin Court Redefines Arrest Record Discrimination

Jackson Lewis P.C. on

The Wisconsin Supreme Court has clarified that non-criminal, municipal citations are covered by the prohibition on arrest record discrimination under the Wisconsin Fair Employment Act (WFEA). The court also narrowed the...more

Rumberger | Kirk

5 Tips for HR Directors to Avoid Expensive Company Lawsuits

Rumberger | Kirk on

As the first point of contact for employee claims, HR directors often find themselves with the challenging task of assessing sensitive situations. This, coupled with ensuring both the company’s policies are followed, and...more

Hogan Lovells

Unjustified absence and termination of employment, news from the Ministry of Labour

Hogan Lovells on

The Ministry of Labour and Social Policies provides the first operational indications regarding the changes introduced by Law no. 203 of 13 December 2024 (so-called “Collegato lavoro”). In particular, the Ministry has...more

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

UK Parliament Proposes Increased Penalties for Failure to Consult in a Collective Redundancy

The Employment Rights Bill has undergone significant amendments in March 2025 as it progresses through Parliament. Included in the amended bill are changes addressing redundancy and the controversial practice of “fire and...more

Stikeman Elliott LLP

The North American Trade Dispute: How to Manage Workplace Challenges for Canadian Employers

Stikeman Elliott LLP on

As our readers will already be aware, since the new U.S. Administration took office on January 20, 2025, it has both proposed and implemented tariffs (the “U.S. Tariffs”) which have posed significant threats to the Canadian...more

Orrick, Herrington & Sutcliffe LLP

CFPB, FDIC and OCC respond to court ruling by reinstating probationary employees

On March 17, the CFPB, the FDIC, the OCC and other government agencies reportedly reinstated probationary employees that had been terminated as part of the Trump administration’s efforts to reduce the federal workforce....more

Dickinson Wright

Should You Use a Performance Improvement Plan?

Dickinson Wright on

A Performance Improvement Plan (“PIP”) is a long-standing HR tool for managing underperforming employees. Employers often use a PIP to document deficiencies and outline specific goals the underperforming employee must reach...more

Constangy, Brooks, Smith & Prophete, LLP

FMLA brain teaser!

Try wrapping your head around this one. All of you experts on the Family and Medical Leave Act, gather 'round! The following is from a real lawsuit that was filed Wednesday in federal court in Indianapolis. The plaintiff...more

Littler

Layoffs in Germany & Poland: Differences & Similarities

Littler on

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

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

Orrick, Herrington & Sutcliffe LLP

Office of Personnel Management reportedly reinstates CFPB employees with military status

On February 27, the Office of Personnel Management (OPM) reportedly ordered the CFPB to reinstate employees who are veterans, disabled veterans, and military spouses who were previously terminated. The CFPB reinstated these...more

K&L Gates LLP

New York Proposal to Protect Workers Displaced by Artificial Intelligence

K&L Gates LLP on

On 14 January 2025, during her State of the State Address (the Address), New York Governor Kathy Hochul announced a new proposal aimed at supporting workers displaced by artificial intelligence (AI). This proposal would...more

Littler

Ontario, Canada Human Rights Tribunal Dismisses Probationary Employee’s Discrimination Claim

Littler on

In Karim v. Workplace Safety and Insurance Board, 2024 HRTO 1231, the Human Rights Tribunal of Ontario (HRTO) dismissed a probationary employee’s claim that they were discriminated against with respect to employment because...more

Littler

Cross-Border Legal Perspectives: Comparing the UK’s and Germany’s Approaches to Unfair Dismissal

Littler on

Welcome back to our “cross-border perspectives” series, where we compare employment law and practice from an international perspective, drawing on the experience of local and international employment lawyers who deal with...more

Bennett Jones LLP

Employment Termination Clauses: Lessons From Singh v Clark Builders

Bennett Jones LLP on

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

Holland & Hart - Employers' Lawyers

Quick Q&A on Remote Work Policies

Can remote polices from the pandemic be used against a company trying to bring employees back into the office? In certain circumstances, yes. Recently, courts have allowed juries to decide if onsite work is essential when the...more

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