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Termination Employer Liability Issues Employment Contract

Bradley Arant Boult Cummings LLP

Executive Contracts: What’s Common and What to Look For

For both employers and executives, having a well-drafted executive employment agreement is key to defining the relationship between an employer and one of its most important employees. The contract also sets the parties’...more

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

Littler

Ontario, Canada Court Confirms a Clearly Drafted Temporary Layoff Clause Can Protect Employers From Constructive Dismissal Claims

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In Taylor v. Salytics Inc., 2025 ONSC 3461, the Ontario Superior Court of Justice considered whether a temporary layoff provision in an employment contract constituted a termination provision, and was therefore subject to the...more

Haynsworth Sinkler Boyd, P.A.

Beyond Silence: South Carolina Supreme Court Ruling Clarifies Acceptance in Employment Arbitration Agreements

In Lampo v. Amedisys Holding, LLC and Leisa Victoria Neasbitt, the South Carolina Supreme Court establishes important legal precedent regarding contract formation for arbitration agreements between employers and employees....more

Littler

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

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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

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

Littler

Ontario, Canada Court of Appeal Agrees “For Cause” Termination Provision Was Unenforceable Because it Did not Comply with ESA’s...

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Applying prior precedent, the Court of Appeal for Ontario (OCA) in Dufault v. Ignace (Township), 2024 ONCA 915, upheld the Ontario Superior Court of Justice’s (OSCJ) finding that the “for cause” termination provision in an...more

Littler

Ontario, Canada Appellate Court Provides Guidance to Employers on How to Draft Employment Settlement Documents

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The Court of Appeal for Ontario found that settlement documents signed after an employee separated from employment prevented him from suing for the value of vested stock options....more

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

Three Key Considerations in Crafting Effective Multistate Separation Agreements

One of the main reasons for a separation agreement with an employee is to obtain an effective release of claims against the employer. However, ensuring release agreements are effective and enforceable is becoming increasingly...more

Morgan Lewis

China’s Highest Court Highlights Guidance on Termination Certificate Guidelines Set by Appellate Court

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The Supreme People’s Court of the People’s Republic of China (PRC) recently confirmed guidance on the contents of termination certificates, which employers in the PRC are required to issue to evidence the end of an employment...more

Littler

British Columbia Court Finds Termination Clause Enforceable Because it Complied with Statutory Individual Notice Provisions

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In Forbes v. Glenmore Printing Ltd., 2023 BCSC 25, the Supreme Court of British Columbia (BC) disagreed with the employee’s argument that the termination clause in his employment agreement was invalid because it required the...more

Genova Burns LLC

To Click or Not to Click: NJ Appellate Division Reaffirms Enforceability of Electronic Arbitration Agreements

Genova Burns LLC on

On March 7, 2023, in Dakota Powell vs. Prime Comms Retail LLC, the New Jersey Appellate Division ruled that a former employee must arbitrate her claims of race discrimination, rather than pursue them in court due to her...more

Sheppard Mullin Richter & Hampton LLP

President Biden Signs “Speak Out Act” Limiting the Enforceability of Non-Disclosure and Non-Disparagement Provisions in Sexual...

On December 7, 2022, President Biden signed the Speak Out Act (the “Act”) into law. The Act limits the enforceability of pre-dispute non-disclosure and non-disparagement clauses relating to sexual assault and sexual...more

Constangy, Brooks, Smith & Prophete, LLP

ABCs of Employment Law: Employment at will

So misunderstood! NOTE FROM ROBIN: Earlier this year, I began a series of very basic explanations of the federal laws that govern the workplace. The first installment covered discrimination in general, and the second...more

Bennett Jones LLP

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

Bennett Jones LLP on

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

Rivkin Radler LLP

The Employment Law Reporter - January 2022

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Here is what we cover in this issue of The Employment Law Reporter: •The U.S. Court of Appeals for the Second Circuit has affirmed a district court’s decision dismissing employment discrimination claims brought by a...more

Littler

The Netherlands: Court Disallows Terminating Sick Employee’s Employment After UWV Procedure

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In a recent case, an employer petitioned the Sub-District Court to dissolve an employment contract with immediate effect after the UWV (Employee Insurance Agency) had dismissed its application for dismissal for economic...more

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

Consistently Inconsistent: An Example of Shifting Reasons for Employment Termination Precluding Summary Judgment

The U.S. District Court for the Western District of Texas recently denied an employer’s motion for summary judgment when its alleged shifting reasons for terminating the plaintiff’s employment contract raised genuine issues...more

Constangy, Brooks, Smith & Prophete, LLP

The Insidious Deception That Is "Employment At Will"

Employers, don't get played. "This is an employment-at-will state, and I can fire you for a good reason, a bad reason, or no reason at all." Oh, yeah?... ...more

Littler

The Netherlands: When does the prohibition against termination during sickness apply?

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In the Netherlands, employers are generally prohibited from dismissing sick employees in the event of a reorganization, even if those employees are eligible for dismissal based on the reflection principle. The reflection...more

Littler

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

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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

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

Termination Clauses in Ontario - Precise Language Can Help Limit Employers’ Liability

In Canada, if an employer wishes to terminate an employee without cause, it must provide notice or pay in lieu thereof. In other words, unlike in the United States, Canada does not have employment at-will....more

Seyfarth Shaw LLP

Close Was Not Close Enough: First Circuit Denies Executive’s Implied Covenant Claim For Unpaid Equity Compensation Related To A...

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Seyfarth Synopsis: On November 27, 2019, the United States Court of Appeals for the First Circuit held that, under Massachusetts law, a terminated employee asserting a claim for being deprived of lost compensation in breach...more

K&L Gates LLP

Mutual Termination Agreements: Between Temptation and Risk for Employers

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Over the past few years, the “individual mutual termination agreement” ("rupture conventionnelle individuelle") has become an increasingly popular method of terminating employment contracts. ...more

Polsinelli

Med-Staff Newsletter - September 2019 | VOL 3

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Dr. Kenneth Economy was employed by East Bay Anesthesiology Medical Group (“Anesthesia Group”), which held an exclusive contract to provide anesthesia services at The East Bay Hospital (“Hospital”). During asurprise...more

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