Searching Content from United States indexed under Unfair/ Wrongful Dismissal ordered by Published Date Descending.
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Ontario, Canada: What Is An Employee's Entitlement To Incentive Plan Compensation During The Notice Period?
In Manastersky v. Royal Bank of Canada, 2019 ONCA 609, the Ontario Court of Appeal ("OCA") considered the important question of whether a terminated
United States
3 Sep 2019
Handling Employee Theft In Dealerships
Despite best efforts to police employees and protect customers and business partners, chances are high that dealerships will have to investigate allegations of theft in the workplace
United States
22 Aug 2019
ARB Affirms Dismissal of SOX Whistleblower Claim Against Non-Public Companies
The ARB recently affirmed the dismissal of a whistleblower retaliation claim under Section 806 of SOX, holding an employer is not a "contractor"
United States
21 Aug 2019
Does Jander Signal The Liberalization Of Pleading Standards In Stock-Drop Cases? Signs Point To No
The Second Circuit sent shock waves through the community of ERISA stock-drop practitioners late last year in Jander v. Retirement Plans Committee of IBM
United States
31 Jul 2019
Termination Checklist Part 3: Tips From The NFL's "Black Monday" (Video)
In my previous videos, I discussed the importance of effectively managing employee performance and provided tips to consider for a "termination checklist."
United States
26 Jul 2019
Termination Checklist Part 1: Tips From The NFL's "Black Monday" (Video)
None of these terminations were a surprise. Job security is based on wins and losses.
United States
26 Jul 2019
Hiding In Plain Sight: Identifying Hidden Employment Risks In Your Business (Video)
Here are five hidden risks common to many workplaces which employers should prioritise to save your business considerable time and expense in future claims:
United States
24 Jul 2019
The Ten Commandments Of Firing: Part 3, Commandments VII - X
In most states, the implied covenant of good faith and fair dealing that is typical in written business contracts does not apply to employment contracts or employment relationships.
United States
15 Jul 2019
The Ten Commandments Of Firing: Part 1, Commandments I - III
I love to talk about firing people. Defending employment cases for over 40 years has exposed me to considerable experience concerning terminations.
United States
11 Jul 2019
Independence Day Comes Early For Employees Seeking To Shed Union Representation
On the eve of Independence Day, the NLRB, in a 3-1 decision (Member McFerran dissented), clarified the law concerning withdrawal and enunciated a new framework for determining whether a union has retained majority...
United States
10 Jul 2019
Employment Tribunal Claims Continue To Rise
Since July 2017 when the Supreme Court abolished the requirement to pay a fee to issue a claim in the Employment Tribunal.
United States
27 Jun 2019
Puerto Rico Supreme Court Holds Arbitration Clauses In Employment Contracts—Including Those Governing Unjust Dismissal Claims—Are Valid And Enforceable
The PRSC recently issued a judgment in José Méndez et al v. Carso Construction, 2019 TSPR 19, validating an arbitration clause that covers a claim under the Puerto Rico Unjust Dismissal statute, Local Act No. 80...
United States
18 Jun 2019
California Employee Is Compelled To Litigate His Employment Claims In Indiana
Jerome Nedd was employed by Ryze Claim Solutions in El Cerrito, California for almost three years before his employment was terminated, resulting in his filing claims against Ryze for wrongful termination...
United States
31 May 2019
Terminations Procedures Checklist
Knowing when to terminate an employee is just as important as knowing how to terminate an employee – and you can with this Terminations Procedures checklist.
United States
29 May 2019
No Subpoena, No Protection?: Indiana Court Of Appeals Approves Dismissal Of Employee Who Left Work To Voluntarily Testify At Hearing
It is well settled that Indiana is an employment-at-will state, meaning an employer or employee may terminate the employment relationship for any lawful reason.
United States
6 May 2019
Employment Litigation Alert >> Enhancing Enforceability Of Restrictive Covenants Against Terminated Employees
Employers must be aware that restrictive covenants may not be enforceable against employees—even employees whose employment is at will—if and when an at will employee is terminated without cause.
United States
9 Apr 2019
EEOC's Proposed Changes May Lead To Increased Charge Activity And Subsequent Litigation
On February 22, 2019, the U.S. Equal Employment Opportunity Commission (EEOC) issued a notice of proposed rulemaking (NPRM) to update and amend procedural regulations to fully digitize the EEOC's
United States
27 Mar 2019
Tips For Dismissing An Employee In The Netherlands
The Netherlands is one of the few places in the world where dismissing an employee requires prior authorization from the government (unless it is done summarily for urgent cause).
United States
26 Mar 2019
NH's Top Court Takes A Stand On Wrongful Demotion
In its first employment decision of 2019, the NH Supreme Court declined to recognize a claim for wrongful demotion under New Hampshire law.
United States
13 Mar 2019
E.D. Va. Dismisses Bayer's Section 43(a) Claims But Affirms TTAB's Cancellation Of Belmora's FLANAX Registration
When we last visited (here) the long-running Bayer versus Belmora battle over the mark FLANAX, the U.S. Court of Appeals for the Fourth Circuit had reversed and remanded the case to the U.S. District
United States
27 Feb 2019
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