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Termination Notice Requirements Employer Liability Issues

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

Bradley Arant Boult Cummings LLP

Points Matter: Absenteeism Policy Overcomes Racial Discrimination Allegations in Fifth Circuit

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

Barnea Jaffa Lande & Co.

Lawful Employment Termination in a Changing Labor Market

The current changes in the Israeli economy sometimes entail a need for employers to downsize their workforces. These proceedings can be complex and require advance preparation, as well as proper, accurate, and in-depth...more

Blake, Cassels & Graydon LLP

Ontario Announces Changes to Mass Termination Rules for Remote Employees

On March 13, 2023, the Ontario government announced proposed changes to the Employment Standards Act, 2000 (ESA) that, in mass termination situations, would afford employees who work solely from home with the same notice...more

Littler

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

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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

BCLP

PRC Legal Update: Termination of Employment in China and Issues to Note during Covid-19 Pandemic

BCLP on

Termination of employment by employers in China is virtually never easy even in absence of a crisis situation. When it comes to the economic downturn, employee dismissal becomes far more sensitive....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

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

Fourth Circuit Reinstates Employee’s Claim That Social Media App Messages Provided Sufficient Notice of a Medical Absence

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

Cooley LLP

Colorado Expands Notice Requirements for Employees Upon Termination

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When a Colorado employee’s employment terminates for any reason, employers are required to provide certain information to the employee regarding unemployment insurance benefits. Colorado expanded employers’ notice...more

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

Colorado Employers - Get Ready for a Wave of New Laws

The Colorado General Assembly was busy drafting and passing numerous employment laws during its 2022 legislative session, creating a wave of change for employers in the Centennial State. Colorado Expands Termination Notice...more

Polsinelli

Revised Employment Termination Notice Requirements for Colorado Employers

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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

McAfee & Taft

FMLA does not prohibit termination for failure to comply with call-in requirements

McAfee & Taft on

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

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

Epstein Becker & Green

Major Revisions to New Jersey’s WARN Act Require Payment of Severance, Expand Notice Requirements, and Increase Liability for Mass...

Epstein Becker & Green on

On January 21, 2020, New Jersey Governor Murphy enacted major revisions to the New Jersey Millville Dallas Airmotive Plant Job Loss Notification Act, commonly referred to as the New Jersey WARN Act (“NJ WARN Act”), that make...more

Proskauer - Law and the Workplace

Mandatory Severance Pay for Mass Layoffs Looms in New Jersey

The New Jersey Senate has passed a bill that would amend the New Jersey Millville Dallas Airmotive Plant Loss Job Notification Act, more commonly referred to as the “NJ WARN Act,” to require severance payments and increase...more

Foley & Lardner LLP

Dear Former Employee, Here Are a Few Things I Want You to Know

Foley & Lardner LLP on

Do you provide terminated employees with information regarding their employee benefits upon termination? If not, consider doing so now—especially if you typically provide a lot of your benefits information on your intranet...more

Polsinelli

Med-Staff Newsletter - September 2019 | VOL 3

Polsinelli on

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

Ballard Spahr LLP

Colorado Decision Clarifies Unused Vacation Time Issue for Employers

Ballard Spahr LLP on

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

Littler

Colorado Court of Appeals Finds Vacation Forfeiture Policy Lawful

Littler on

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

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

Seven Questions That Employers Should Ask Themselves before Discharging an Employee

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

Parker Poe Adams & Bernstein LLP

Make Sure FMLA Forms Mailed to Employees Can Be Traced

Here is a nightmare scenario for human resources: The company sends an employee absent from work the required Family and Medical Leave medical certification form via regular mail. The employee fails to return the form within...more

Bowditch & Dewey

Being the Bearer of Bad News – How to Handle an Employee Termination Meeting

Bowditch & Dewey on

News that Anheuser Busch laid off approximately 400 workers in its so-called “The High End” division (that is, the group that is buying up craft brewers and brands) serves as the most recent reminder that the business...more

Dickinson Wright

Termination of Employment in Ontario

Dickinson Wright on

The cost of terminating the employment of an employee in Ontario depends upon a mixture of contract provisions, common law and statute. The rules under the Employment Standards Act, 2000 about the termination of employment...more

Herbert Smith Freehills Kramer

H-1B Employer Found Liable for Substantial Back Wages After Failing to Notify USCIS of Termination

As we have advised in the past, a bona fide termination of an H-1B employee by an employer only occurs when the employer does all of the following: (1) gives notice of termination to the H-1B worker; (2) notifies U.S....more

BCLP

Clarifications Regarding Trial Period by the French Supreme Court

BCLP on

With two decisions dated March 31 and April 15, 2016, the Employment Division of the French Supreme Court (“Cour de cassation”) clarified the legal framework applicable to trial periods. The Supreme Court explained how to...more

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