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®
President Trump is appealing a federal judge’s decision that blocked him from firing Lisa Cook from the Federal Reserve Board. ...more
Chief Justice John Roberts has issued a temporary stay allowing President Trump to fire recently reinstated FTC Commissioner Rebecca Slaughter, even though she was fired without cause....more
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
Todd Harper and Tanya Otsuka will not be reinstated to the NCUA board while the District of Columbia Court of Appeals considers whether their firing by the Trump Administration is illegal, a panel of the court has decided....more
In Quebec, provisions of the Charter of Human Rights and Freedoms (Charter) govern an employer’s right to dismiss an employee or refuse to hire a candidate on the basis of a criminal or penal conviction. Employers should pay...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
A Federal Judge has ruled that two NCUA board members were illegally fired by President Trump and has restored their positions on the board. ...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
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
Whether for poor performance, disruptive behavior, or other reasons or motives of an employer needing to end the employment of problem employees, employers need to appreciate that such employees should not be retained solely...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
On April 16, 2025, Montana Governor signed into effect HB 128: An Act Protecting Volunteer Emergency Service Providers From Termination by a Public or Private Employer Under Certain Conditions; and Providing for a Legal Cause...more
The two Democratic NCUA board members ousted by President Trump have filed suit, arguing that their firings violated federal law....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 Government Accountability Office has agreed to investigate recent CFPB moves to fire more than 1,400 employees and the impact it and other agency actions have had on the bureau’s ability to operate....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
On January 27, 2025 — seven days after he was sworn in — President Trump fired Gwynne Wilcox, a Democratic member, and former Chair of, the National Labor Relations Board (“NLRB” or the “Board”). Although Wilcox’s term was...more
A Performance Improvement Plan (“PIP”) is a long-standing HR tool for managing underperforming employees. Employers often use a PIP to document deficiencies and outline specific goals the underperforming employee must reach...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