The Chartwell Chronicles: Employment Law
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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
In an age where technology makes recording conversations easy and common, a recent wrongful dismissal case (Wan v H&R Block Canada Inc., 2024 ABKB 734) raises important questions about privacy, workplace ethics and the...more
Employer going to trial in age discrimination case. We had a blizzard last Friday (in North Carolina, 2 inches is a blizzard), and we still have ice and snow on the ground a week later. Anyway, I've had enough of winter now...more
The National Labor Relations Board (Board) recently notched a win when the U.S. Court of Appeals for the Fifth Circuit found that a staffing company committed an unfair labor practice by terminating its employee when she...more
The Family and Medical Leave Act provides unpaid job-protected leave for a qualified employee to care for a spouse, parent, or child with a serious health condition. This means that FMLA protections do not extend to employee...more
A newly enacted, under-the-radar statute in California could undermine efforts by employers to challenge the expert opinion testimony regarding alleged emotional distress offered by employees at trial. In many if not most...more
Seyfarth Synopsis: The United States Court of Appeals for the Eleventh Circuit affirmed a district court’s decision that “but-for” is the proper causation standard for FMLA retaliation claims addressed within the...more
As we have previously covered in EmployNews, companies are facing an increasing number of accommodation requests and claims from employees who allege they were discriminated against based on mental issues. Many of these...more
Seyfarth Synopsis: The Tenth Circuit Court of Appeals reversed a summary judgment award on an employee’s failure-to-accommodate claim. The Court’s decision focused on the employer’s improperly narrow delineation of the...more
Litigation over employment issues relating to the COVID-19 pandemic is finally reaching the trial and appellate courts. This week, the Tenth Circuit Court of Appeals affirmed dismissal of a lawsuit from a warehouse manager...more
The Americans with Disabilities Act does not require employers to ignore or excuse serious violations of their rules of conduct. For example, an employee who brings a weapon to work in violation of the employer’s policy...more
A key issue that staffing agencies often face in litigation is whether the end of a temporary work assignment constitutes a “discharge” of the employee’s employment with the staffing agency. In a favorable ruling for staffing...more
As the data protection regime in China continues to evolve, so do the individual privacy rights of employees. A Beijing appellate court recently rejected an employer’s ability to use—without the employee’s informed...more
It is often said that consistent application of an employer’s work rules is one of the best ways to avoid liability for discrimination claims. Doing so can help to rebut the allegation that an individual has been subjected...more
“You get more remedies! You get more remedies! Everybody gets more remedies!” Employers found to have committed an unfair labor practice (ULP) now may be required to compensate employees for interest and late fees on...more
On October 20, 2022, the Ninth Circuit reversed in part a grant of summary judgment in favor of an employer, finding that the district court misapplied the substantive law of California in holding that Plaintiff’s disclosures...more
In a wrongful dismissal action against four corporate defendants that were part of a family business, the plaintiff claimed the defendants were common employers, that he was their employee prior to his dismissal, and was...more
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
In Wisser v CEM International Management Consultants Ltd, 2022 ABQB 414 (CEM International), the court used the oppression remedy to hold directors of a corporation personally liable for damages for wrongful dismissal after...more
In a decision issued on May 10, 2022, the United States Court of Appeals for the Fourth Circuit affirmed summary judgment in favor of the employer in a case involving alleged wrongful termination in violation of the Uniformed...more
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
Months after its introduction, a proposal to reverse portions of the 2017 employment reform law sits on Puerto Rico Governor Pedro Pierluisi’s desk. By March 5, 2022, Governor Pierluisi must decide whether to veto House Bill...more
In 2021, Canada saw significant statutory and case law developments in labour and employment law, some of which related to COVID-19. This Insight provides an overview of key 2021 developments, with links to more detailed...more
Delaware’s Chancery Court recently blocked two former directors from obtaining privileged communications between a corporation and its counsel in the context of the former directors’ pursuit of personal claims against the...more
For the past several years, companies have been focused on creating and executing meaningful diversity, equity and inclusion (DE&I) programs to address the multi-faceted challenges—and opportunities—of diversifying their...more