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Termination

Ius Laboris

Can Digital Dismissal Satisfy ‘Written Notice’ Requirements?

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New workplace technologies are influencing the ways in which dismissals are communicated. But under what conditions is it legitimate to use these ‘alternative’ communication methods?...more

Sheppard Mullin Richter & Hampton LLP

What a Headache: The Third Circuit Finds That a Plaintiff’s Migraines Were Not a Serious Health Condition Under the FMLA

On October 11, 2024, in the matter of Ephriam Rodriquez v. Southeastern Pennsylvania Transportation Authority (“SEPTA”), the Third Circuit Court of Appeals addressed the legal standards for establishing a “serious health...more

Stevens & Lee

Third Circuit’s Precedential Ruling Holds That Employers Are Not Obligated to Apply FMLA Entitlements Retroactively

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On Oct. 11, 2024, the Third Circuit Court of Appeals filed a unanimous, precedential opinion affirming judgment as a matter of law in favor of Southeastern Pennsylvania Transportation Authority (SEPTA) in a Family and Medical...more

Adams and Reese LLP

As Election Nears, How Do State Laws Impact Employers’ Policing of Social Media Posts by Employees?

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With a highly divisive U.S. Presidential Election between Donald Trump and Kamala Harris just weeks away, political social media posts have inundated newsfeeds. But what happens when a post goes too far, and/or an employee’s...more

Constangy, Brooks, Smith & Prophete, LLP

FMLA leave: 5 things this employer (allegedly) did wrong

Don't be this employer. (Allegedly.) Not long ago, I posted about an employer who won summary judgment in an FMLA case and noted five things that the employer did right, which helped it win. Sad to say, a decision came out...more

Husch Blackwell LLP

Understanding the NLRB General Counsel’s Memo on “Stay-or-Pay” Provisions: What Employers Need to Do by December 6

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On October 7, 2024, the Office of the General Counsel issued a new memorandum, GC 25-01, expanding her prosecutorial agenda to remedy what she sees as the harmful effects of non-compete agreements and so-called “stay-or-pay”...more

ArentFox Schiff

An Opportunity for Review: What Are ‘Wages’ Under the Massachusetts Wage Act?

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In a rare positive decision for employers in Massachusetts, one of the Commonwealth’s district appellate courts held that a retention bonus is not a wage under the Massachusetts “Wage Act” (G.L. c. 149, § 148). Massachusetts’...more

Ogletree, Deakins, Nash, Smoak & Stewart,...

Cross-Border Catch-Up: Performance-Based Terminations of Employment in South Korea

Are performance-based terminations of employment possible in South Korea? The answer may lie in a recent Supreme Court of Korea case in which the employer obtained a favorable decision regarding the legitimacy of dismissing...more

Proskauer - California Employment Law

September 2024 California Employment Law Notes

We invite you to review our newly-posted September 2024 California Employment Law Notes, a comprehensive review of the latest and most significant developments in California employment law....more

Constangy, Brooks, Smith & Prophete, LLP

FMLA abuse: 5 things this employer did right

How'd that happen? An employer who terminated an employee after he took intermittent FMLA leave for diabetes won its case, and recently won again on appeal. According to both courts, the employee appeared to be trying to...more

Ogletree, Deakins, Nash, Smoak & Stewart,...

Three Key Considerations in Crafting Effective Multistate Separation Agreements

One of the main reasons for a separation agreement with an employee is to obtain an effective release of claims against the employer. However, ensuring release agreements are effective and enforceable is becoming increasingly...more

Fishman Haygood LLP

The U.S. Fifth Circuit Applies American Pipe to Preserve Putative Class Member’s Discrimination Claims

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The U.S. Fifth Circuit Court’s recent decision in Zaragoza v. Union Pacific Railroad (“Zaragoza”) has highlighted key issues in class action lawsuits and the application of tolling principles. The plaintiff’s previous...more

Foley & Lardner LLP

Manufacturer Acted Reasonably in Terminating a Franchisee for Failure to Abide by Agreement

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Tasty Baking Company (“Tasty”), a manufacturer of prepackaged goods, terminated Distefano, Inc. (“Distefano”), Maryland-based owner of a franchise with rights to sell Tasty products in a prescribed area called a “route.”...more

Ogletree, Deakins, Nash, Smoak & Stewart,...

German Federal Labor Court Ruling Facilitates Presentation of Evidence When Notice of Termination Is Served by Registered Mail

Germany’s Federal Labor Court (Das Bundesarbeitsgericht (BAG)) recently held that there is prima facie evidence that a so-called registered letter is generally posted in the mailbox within the usual local mail delivery times....more

Constangy, Brooks, Smith & Prophete, LLP

Don’t let a bad employee’s protected activity lead you into the twilight zone.

You are about to enter another dimension. A journey into the world of discrimination and retaliation. Consider, if you will, the case of an employee who suspects that he or she is about to be fired or demoted for misconduct...more

Parker Poe Adams & Bernstein LLP

Split Sixth Circuit Panel Says Asthma Not a Protected ADA Disability

In 2008, Congress amended the Americans with Disabilities Act to expand the definition of medical conditions that qualify for protections under that statute. The amendments resulted from a number of federal court decisions...more

Dickinson Wright

The Michigan Supreme Court Expands Public Policy Causes of Action for Retaliatory Discharge

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Under Michigan’s Occupational Health and Safety Act (“MiOSHA”), employers may not “discharge an employee or in any manner discriminate against an employee because the employee filed a complaint” regarding the employer’s...more

FordHarrison

EntertainHR: Helping Haverford – What Parks and Recreation Teaches Us About Employee Terminations

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Parks and Recreation is a beloved mockumentary sitcom that focuses on the lives of several employees of the fictional Pawnee, Indiana’s Parks and Recreation Department. One of those characters is the sarcastic and...more

Holland & Hart - Employers' Lawyers

Responding to Employee Requests for Personnel Records

Question: What are the guidelines for when employees, current or former, request a copy of their personnel file, and what files are required to be provided upon request?...more

Clark Hill PLC

Lactation Accommodation Results in Misconduct Firing, Tenth Circuit Affirms

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Here’s an interesting case that at first blush appears to be an accommodations case, but on a deeper dive is a workplace misconduct case. In Spagnolia v. Charter Communications LLC, The Tenth Circuit Appeals affirmed the...more

BCLP

Unlawful Deductions Claims and Tricky Time Limits

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This week we consider a new EAT decision that emphasises the difficulties of making assumptions about tribunal time limits, particularly the date from when time starts to run....more

Kaufman & Canoles

K&C Sports & Entertainment Law Weekly Roundup - August 2024

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Streaming service Fubo has told a NY federal court that ESPN, Fox, and Warner Bros. Discovery are teaming up with others to knock down its “sports-first streaming business,” but what Fubo calls anticompetitive behavior, the...more

Littler

Littler Lightbulb: July Appellate Roundup

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This Littler Lightbulb highlights some of the more significant employment law developments in federal courts of appeal in the last month....more

Hinshaw & Culbertson - Employment Law...

Second Circuit Dismisses Remote Employee's Discrimination Claim Brought Under New York State Human Rights Law

On March 20, 2024, the Second Circuit dismissed a remote employee's discrimination claim brought under the New York State Human Rights Law (NYSHRL). The Court held that the employee's discrimination did not meet the "impact...more

Harris Beach PLLC

The “Modernized” H-2A Program: What Every Agricultural Business Needs to Know for 2025!

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Want to know more about the 2025 H-2A Visa Program? Besides reading the below deep dive, you can register for our September 10 webinar, where we'll discuss the 2025 process, employer obligations and compliance requirements,...more

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