The Chartwell Chronicles: Employment Law
Managing the Size and Structure of Your Post-Pandemic Workforce
#WorkforceWednesday: OSHA ETS on Hold, Retaliation Claims Increase, "Vaccination Ambassadors" - Employment Law This Week®
A true story, somewhere. You are Dilbert, the head of Human Resources for a fictional company that is not perfect but still a pretty decent place to work. You have an employee, Dolores, who is more trouble than she’s...more
Our employment law update for August covers a case about the iniquity exception to legal privilege, a whistleblowing case involving a long-delayed judgment and third party reports, and a case on whether discriminatory actions...more
Performance improvement plans or PIPs are an effective tool to document an employee’s work issues, establishing constructive goals over a set time frame. Ideally, the employee improves their performance and works with...more
As a U.S. employment lawyer who advises numerous Canadian companies, I’ve seen several traps that Canadian companies frequently fall into. The first step in avoiding these traps is to identify them....more
The COVID-19 litigation lag continues to play out in Canadian courts; and employers are starting to get some clarity on some of the key workplace issues that arose during the pandemic. In Clark v. City of Prince George,...more
Severance plans subject to the Employee Retirement Income Security Act of 1974, as amended (“ERISA”) must satisfy certain compliance requirements, but federal law affords employers significant advantages in the event a...more
Among the first questions I ask when investigating a lawsuit accusing my client of discriminatory conduct is, “Who made the decision?” The reasons are simple. First, an adverse employment action – like termination,...more
Les risques d’allégations de congédiement déguisé demeurent une préoccupation importante pour les employeurs canadiens, en particulier dans le contexte de changements opérationnels. Les tribunaux considèrent qu’un...more
The Puerto Rico Supreme Court recently issued a decision reaffirming the importance of just cause for employment terminations in Puerto Rico. Méndez Ruiz v. Techno Plastics Industries, Inc., No. 2025 TSPR 68 (June 26, 2025)....more
On June 26, 2025, the Puerto Rico Supreme Court (PRSC) issued an opinion in Méndez Ruiz v. Techno Plastics Industries, Inc., 216 D.P.R. ____, 2025 TSPR 68 (2025), determining whether the defendant had “just cause” under...more
Every week, the Array team reviews the latest news and analysis about the evolving field of eDiscovery to bring you the topics and trends you need to know. This week’s post covers the period of June 22-28. Here’s what’s...more
A California jury did it again! Last Thursday, a Los Angeles jury awarded $27.5 million to a former chief nursing officer of a hospital for the alleged post-traumatic stress disorder and other psychological problems she...more
In Conner v. Stark & Stark, P.C., 2025 WL 1694052 (D.N.J. June 17, 2025), defendant’s privilege log helped partially defeat defendant’s summary judgment motion....more
The U.S. Court of Appeals for the First Circuit (covering Maine, Massachusetts, New Hampshire, Puerto Rico, and Rhode Island) recently awarded a victory to employers litigating claims “related to” certain employer-sponsored...more
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
Deivert v. Zartman and Borough of Northumberland, 2025 WL 83747 (M.D.Pa. 2025) - (Neither a municipality nor a municipal manager had immunity under the Pennsylvania Political Subdivision Tort Claims Act (“PPSTCA”) for the...more
The California Court of Appeal issued an important decision clarifying that an employee cannot recover damages for a defamation claim that is derivative of a wrongful termination claim. Defamation causes of action are often...more
A recent decision of Ontario’s Superior Court of Justice provides helpful guidance to Ontario employers on the standard of workplace investigation in the context of a termination for cause. The Court also provides helpful...more
Plaintiff brought action in the United States District Court for the Northern District of Georgia after being terminated by Defendant without receiving pre-adverse notice, in violation of the Fair Credit Reporting Act (FCRA)....more
The Ontario Court of Appeal’s recent decision in De Castro v Arista Homes Limited, 2025 ONCA 260 (De Castro) provides Ontario employers with yet another reminder about the importance of clear and concise drafting in...more
At an emergency hearing this morning in National Treasury Employees Union v. Vought, Judge Amy Berman Jackson once again halted the layoffs of over 1,000 employees at the Consumer Financial Protection Bureau (CFPB). The judge...more
It was reported last night that the CFPB had laid off about 90% of its staff. This came on the heels of the CFPB providing each of its employees with its 2025 Supervisory and Enforcement Priorities which calls for a much...more
The Tennessee Supreme Court has recently held that there is no legal claim for wrongful discharge where an employer terminates an employee because the employee exercised a right set forth in the state Constitution. The...more
The Beltway Buzz™ is a weekly update summarizing labor and employment news from inside the Beltway and clarifying how what’s happening in Washington, D.C., could impact your business....more
Employees who sue their former employer for wrongful termination following a workplace investigation may feel compelled to bring a claim for defamation, based on their belief that the allegations and/or investigation findings...more