Searching Content indexed under Unfair/ Wrongful Dismissal by Littler Mendelson ordered by Published Date Descending.
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Federally Regulated Employees Can Make Unjust Dismissal Complaints Even After Signing Releases and Settlement Agreements
The Federal Court of Canada recently confirmed in Bank of Montreal v. Li, 2018 FC 1298 CanLII (Bank of Montreal), that an employee's signed release and settlement agreement will not preclude
10 Sep 2019
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
Courts Continue To Recognize Intermediate Category Of Worker
Recent case law on the distinction between an employee and independent contractor for wrongful dismissal purposes would suggest that even if the court does not find the individual to be an employee, it might nonetheless...
14 Aug 2019
Puerto Rico Supreme Court Holds Act 2's Counterclaim Bar Does Not Preclude Employer's Independent Suit
Act No. 2 of October 17, 1961 (Act 2) created a procedural process for the expeditious adjudication of employment claims in Puerto Rico.
Puerto Rico
9 Aug 2019
Appellate Court Decides Employee Rights To Shares On Termination Governed By Shareholders' Agreement
In Mickelsteins v. Morrison Hershfield Limited, 2019 ONCA 515, the Court of Appeal for Ontario ("OCA") decided that an employee's right to purchase shares of his employer's parent corporation under a Shareholders' Agreement...
8 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
Nuevas Disposiciones Para Personas Trabajadoras Del Hogar
El 29 de marzo de 2019, el gobierno de México lanzó la Prueba Piloto de la Incorporación de los Trabajadores Domésticos al Régimen Obligatorio del Seguro Social
23 Jul 2019
Ontario, Canada: Absent Exceptional Circumstances, 24 Months Is "High End" Of Reasonable Notice Award For Certain Managers & Adverse Unilateral Changes To Bonus Plans Must Be Communicated
Early this year, we wrote about Dawe v. Equitable Life Insurance Company, 2018 ONSC 3130, a case in which the Ontario Superior Court of Justice substantially extended the traditional 24 month
9 Jul 2019
Financial Services Employee Fairly Dismissed For Lacking Credibility As A Witness
The Employment Appeal Tribunal has ruled that employers may take credibility as a witness in tribunal proceedings into account when considering the fitness and propriety of individuals
8 Jul 2019
Ontario, Canada: Professional Service Employer's Use Of Different Corporate Structures In Employment Agreements Does Not Negate Uninterrupted Service In The Calculation Of Reasonable Notice
A recent decision of the Court of Appeal for Ontario, Theberge-Lindsay v. 3385022 Canada Inc. (Kutcher Dentistry Professional Corporation), 2019 ONCA 469 ("3385022 Canada")
5 Jul 2019
UK Court Upholds Dismissal Based On Religious Employee's Workplace Proselytising
The Court of Appeal in the United Kingdom recently held that the dismissal of a nurse for improperly proselytising at work was fair (Kuteh v Dartford and Gravesham NHS Trust).
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
Ontario, Canada: Sexually Harassed Employee Wins The Battle But Loses The War When She Is Awarded Damages But Is Ordered To Pay More To Her Employer For Costs
A recent decision of the Court of Appeal of Ontario, Colistro v. Tbaytel, 2019 ONCA 197, puts employers in Ontario on notice that if they re-hire an employee who has a history of victimizing
15 May 2019
Ontario, Canada: Court Takes On Employer Termination Conduct
The Court of Appeal for Ontario recently rendered a decision in Ruston v. Keddco MFG. (2011) Ltd., 2019 ONCA 125,
9 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
UK: Can A Suspension Amount To Forced Resignation?
Suspending an employee during a workplace investigation is sometimes necessary. But before an employer decides to suspend a U.K. employee, it should consider several factors to reduce the risk
2 May 2019
From Alcoholism To Exhibitionism—When The Law Says A Condition Is Not A Disability
Mr. Wood worked for the Durham County Council as a Behavioural Officer.
18 Feb 2019
Unfair Competition: What Happened In 2018, And What's In Store For 2019
From sweeping legislation to unexpected case law, and everything in between, 2018 brought a lot of changes to unfair competition law.
United States
14 Feb 2019
Dutch Court Allows Dismissal Of Troublesome Works Councils Member, Despite Termination Restrictions
Members of works councils ("WC members") enjoy special protection from dismissal. One persistent misunderstanding is that it is impossible for employers to dismiss WC members.
United States
1 Feb 2019
Decisions Involving Termination Of Long-Term Employees In Canada Should Concern Employers
Employers considering terminating long-term employees in Canada should be aware of two relatively recent decisions. In one case, Dawe, 2018 ONSC 3130,
31 Jan 2019
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