News & Analysis as of

Termination Employer Liability Issues Employees

A&O Shearman

End to six-month cap on unlawful termination compensation in small businesses for Jobs-Act-governed relationships

A&O Shearman on

On July 21, 2025, the Constitutional Court, with Judgment No. 118/2025, declared the constitutional illegitimacy of Article 9, paragraph 1 of Legislative Decree 23/2015. With this decision, the court deleted the strict...more

Warner Norcross + Judd

DHS Creates Report for E-Verify Employers to Identify Workers Impacted by the Termination of CHNV Parole

Warner Norcross + Judd on

The recent termination of the parole program for Cubans, Haitians, Nicaraguans and Venezuelans (CHNV) by the Department of Homeland Security (DHS), and subsequent termination of work authorization for CHNV parolees, has...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

Berkshire

EEOC Updates Under The New Administration

Berkshire on

The Equal Employment Opportunity Commission (EEOC) has been busy since President Trump took office on January 20, 2025. On January 21st, 2025, the President appointed Andrea Lucas as Acting Chair of the EEOC. She has served...more

Mintz - Employment Viewpoints

Sooner the Better: Employers in Canada Should Really Review Their Termination of Employment Clauses

A recent Ontario Court of Appeal (“ONCA”) decision signals a pressing need for Canadian employers to review and consider updating their contractual termination of employment provisions. Otherwise, employers are at risk of...more

Saul Ewing LLP

National Labor Relations Board Lacks Authority to Award Damages Beyond Back Pay, According to Third Circuit Decision

Saul Ewing LLP on

On December 27, 2024, the U.S. Court of Appeals for the Third Circuit found that the National Labor Relations Board (NLRB) lacks the authority to order an employer to pay damages beyond what it unlawfully withheld from...more

FordHarrison

EntertainHR: Helping Haverford – What Parks and Recreation Teaches Us About Employee Terminations

FordHarrison on

Parks and Recreation is a beloved mockumentary sitcom that focuses on the lives of several employees of the fictional Pawnee, Indiana’s Parks and Recreation Department. One of those characters is the sarcastic and...more

DarrowEverett LLP

Terminating Employees? Ignoring State And Local Wage Laws Can Cost You

DarrowEverett LLP on

Terminating employees can be a daunting task. Failing to follow your state or local rules when terminating an employee can make the task exponentially more difficult and expensive. When a business plans on firing or laying...more

McDermott Will & Schulte

Arbeitsrechtliche Konsequenzen für die Kampener „Rich Kids

AUSLÄNDERHETZE ALS KÜNDIGUNGSGRUND? Sie wollen „Deutschland den Deutschen“ vorbehalten, meinen damit ausschließlich sich selbst (nicht etwa die Kassiererin im Supermarkt) und grölen „Ausländer raus“. Sowohl ihre Kleidung...more

Bass, Berry & Sims PLC

A Cautionary Tale Regarding the “Reasonable Belief” Doctrine

On January 31, the Sixth Circuit published a cautionary tale regarding the “reasonable belief” doctrine involving an employer that fired a disabled employee for a positive drug test for “marijuana.”...more

Littler

Dear Littler: Do We Oust the Grousers?

Littler on

Dear Littler, I’m the CEO of a medium-sized business. We have a great, but overworked, HR department.  Because we are relatively small, everyone knows everyone, and we’re all friends....more

McDermott Will & Schulte

Kündigungsschutz für GmbH-Geschäftsführer?

McDermott Will & Schulte on

Das Bundesarbeitsgericht (BAG) hat sich in einer aktuellen Entscheidung (BAG, Urteil vom 20. Juli 2023 – 6 AZR 228/22) mit der Frage des Kündigungsschutzes von Geschäftsführern auseinandergesetzt, die auf Grundlage eines...more

Perkins Coie

Arizona Court of Appeals Reinstates Retaliatory Discharge Claim Under Fair Wages and Healthy Family Act

Perkins Coie on

The Arizona Court of Appeals recently held in Papias v. Parker Fasteners LLC, No. 1 CA-CV 22-0775 (Ariz. Ct. App. Oct. 17, 2023), that a discharged employee could proceed with his retaliation claim against his former...more

McDermott Will & Schulte

Während Kurzarbeit betriebsbedingt kündigen? Was Arbeitgeber dabei beachten sollten

Viele Unternehmen nutzen immer noch Kurzarbeit, obwohl sich abzeichnet, dass die wirtschaftlichen Gründe für den Arbeitsausfall (inzwischen) dauerhafter Natur sind. Immer häufiger stellt sich dann die Frage, wie der Übergang...more

Fenwick & West LLP

Employment Practices Group - Startup Guide to Hiring and Terminations

Fenwick & West LLP on

An important part of hiring employees is deciding how to compensate them. Because of limited capital, startups often implement equity-only compensation or deferred compensation arrangements in lieu of regular salaries....more

Ius Laboris

Terminations under Israeli Law

Ius Laboris on

Termination of employment in Israel can be for any good reason. But employers need to take care to follow the right procedure, and to be aware of local protections and culture....more

Littler

Ontario, Canada Proposes ESA Amendments Relating to Remote Workers and New Hires

Littler on

On March 13, 2023, Ontario announced that it is proposing two amendments to the Employment Standards Act, 2000 (ESA) and related regulations. Employees Who Work Solely from Home to Become Eligible to Receive Enhanced...more

Bradley Arant Boult Cummings LLP

Brain Tumor: A Little Too Little, Too Late — Sixth Circuit Addresses Late Disclosure of Disability

Employers sometimes face difficult decisions after learning of an employee’s disability. What if you learn of a disability after ongoing repeated employment deficiencies or even after a disciplinary or discharge decision...more

Health Care Compliance Association (HCCA)

Report on Patient Privacy Volume 23, Number 2. Privacy Briefs: February 2023

Report on Patient Privacy Volume 23, no 2 (February 2023) DCH Health Systems, based in Tuscaloosa, Ala., said it fired an employee in December after a routine privacy audit revealed evidence that the worker had accessed some...more

Bradley Arant Boult Cummings LLP

The Handbook Tale: Beware the Importance of Your Paperwork

Is your employee handbook a binding contract? A recent case from the Alabama Supreme Court, Davis v. City of Montevallo, says sometimes it is. Many employers issue handbooks to set forth guidelines for what employers expect...more

Sheppard Mullin Richter & Hampton LLP

New Jersey Legislature Passes Bill to Set the Effective Date of Amendments to the New Jersey WARN Act

On December 19, 2022, the New Jersey Legislature passed a bill that, if signed by Governor Phil Murphy, would amend the effective date of amendments to the Millville Dallas Airmotive Plant Job Loss Notification Act (“NJ...more

Skadden, Arps, Slate, Meagher & Flom LLP

Reductions in Force: Legal Do’s and Don’ts

Reductions in force (RIFs) are making headlines as companies trim their worker ranks in the face of a weakening economy. Employers must decide whether to implement voluntary or involuntary RIFs (or both); the considerations...more

Verrill

Conducting Reductions In Force (RIFs): 10 Practical Tips for Employers to Avoid Lawsuits

Verrill on

We recently have observed an increase in the number of employers conducting group layoffs or “RIFs” in order to cut costs because of the economic downturn. This trend may only worsen in the coming year. Employers must be...more

Bradley Arant Boult Cummings LLP

Employer Response Tips From Firing Suit Over Birdwatcher

No employer wants to make decisions based on an employee's social media activity. Everyone tells employees to keep their private life private and don't let it affect the job — right? Originally published by Law360 -...more

Polsinelli

Revised Employment Termination Notice Requirements for Colorado Employers

Polsinelli on

Colorado employers in the private sector seeking to terminate an employment relationship now have additional notice obligations with respect to separated former employees, effective May 25, 2022. Specifically, Colorado...more

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