News & Analysis as of

Termination Employer Responsibilities

Sands Anderson PC

How Long Is Too Long? When Extended Leave Stops Being Reasonable

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Employers often ask: “How long do I have to hold a job open for someone on extended medical leave?” The Fourth Circuit recently tackled this issue in Coffman v. Nexstar Media, offering helpful guidance for navigating ADA and...more

Ius Laboris

Australia’s Workplace Thresholds and Limits for the New Financial Year

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1 July 2025 marked the start of the new financial year in Australia, which means that new employment thresholds and limits are now in effect. We summarise the key changes that employers need to be aware of below....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

Constangy, Brooks, Smith & Prophete, LLP

Mandatory referral to EAP may be "adverse action," court says

"Some harm" is all it takes. A federal appeals court found this week that requiring an employee to enter an Employee Assistance Program may be an “adverse employment action” under the federal anti-discrimination laws....more

Amundsen Davis LLC

Key Takeaways - Terminating the Problem Employee

Amundsen Davis LLC on

In our recent webcast, “Terminating the Problem Employee," the Labor & Employment team shared key considerations for employers looking to terminate a “problem employee” while avoiding controversy and litigation. Below are our...more

Foley & Lardner LLP

Considering a Reduction in Force? Some Preliminary Considerations

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Employers sometimes find it necessary to make the difficult decision to undergo a reduction-in-force (RIF), resulting in employee layoffs and/or terminations. Before moving forward with an RIF, employers should develop an...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

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

Warner Norcross + Judd

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

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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

Bennett Jones LLP

Ontario Court Confirms Temporary Lay-Off Clause Is Distinct From Termination Clause

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In Taylor v Salytics Inc., 2025 ONSC 3461 (Taylor), the Ontario Superior Court of Justice emphasized the importance of a substance-over-form analysis in the interpretation of employment agreements, concluding that a temporary...more

Polsinelli

DHS Sending Termination Notices to CHNV Foreign Nationals

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On June 12, 2025, the Department of Homeland Security (DHS) began sending termination notices to foreign nationals paroled into the United States under a parole program for Cubans, Haitians, Nicaraguans and Venezuelans...more

Ius Laboris

Avoiding Unintended Outcomes With Fixed-Term Workers

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Different categories of worker exist in Japan and the classification can have a significant impact on various aspects of employment. Below, we explore the key considerations for employers when it comes to fixed-term...more

Warner Norcross + Judd

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

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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

Holland & Hart LLP

CHNV Parole Program Ends, Creating Urgent Employer Compliance Obligations

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The administration terminated the Cuba, Haiti, Nicaragua, Venezuela parole (CHNV parole) program Thursday (June 12, 2025)... According to the administration, notices have already been issued to affected parolees advising...more

Mintz - Employment Viewpoints

Attention Ontario Employers: Ontario Court of Appeal Upholds ESA Termination Clause in Bertsch v Datastealth Inc.

In a rare but significant “win” for employers, the Ontario Court of Appeal confirmed that an employer can enforce a termination provision limiting an employee’s entitlements strictly to the minimum standards under the...more

Littler

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

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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

Parker Poe Adams & Bernstein LLP

Shifting Eliminated Position's Duties to Nondisabled Workers Not Evidence of Discrimination

Employers sometimes believe that eliminating a job position instead of terminating an employee for poor performance gives them a "get out of jail free" card for purposes of avoiding legal claims associated with the decision....more

Greenberg Glusker LLP

New Season Springs More Layoffs: What Employers Should Know

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Spring has sprung. Unfortunately, for many employers, however, the new season is not marked by its characteristic hope and promise. Employers have been hit hard by decreased revenues, funding cuts, and increased costs....more

Maynard Nexsen

An Employer’s Guide to Employee Separations

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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

Hogan Lovells

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

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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

K&L Gates LLP

New York Proposal to Protect Workers Displaced by Artificial Intelligence

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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

Stikeman Elliott LLP

Hungry for Consideration in Employment Agreements: Are Peppercorns Off the Menu for Employers?

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In the recent decision of Sui v HungryPanda Tech Ltd., 2024 BCSC 1856 (“HungryPanda”), the Supreme Court of British Columbia invalidated a termination provision in an employment agreement by finding the employer had failed to...more

Ius Laboris

Can Digital Dismissal Satisfy ‘Written Notice’ Requirements?

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New workplace technologies are influencing the ways in which dismissals are communicated. But under what conditions is it legitimate to use these ‘alternative’ communication methods?...more

K&L Gates LLP

Internal Investigations of Harassment Claims

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In areas of French law that are ambiguous, the French Supreme Court regularly issues rulings to specify the scope of an employer’s obligations, including in the context of harassment claims. French caselaw has set the rules...more

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