News & Analysis as of

Employment Contract Termination

Littler

British Columbia, Canada Court of Appeal Affirms Enforceability of Termination Clause That Incorporated by Reference Notice and...

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In Egan v. Harbour Air Seaplanes LLP, 2024 BCCA 222, the British Columbia Court of Appeal (BCCA) upheld a lower court’s decision that a termination clause in an employment agreement was enforceable because it was neither...more

Dechert LLP

Droit Social | Sélection de jurisprudence – France | Premier semestre 2024

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Cass. soc., 31 janvier 2024, n°22-18.792 La lettre de licenciement n’a pas à préciser la date des faits invoqués. Un salarié licencié pour faute grave conteste la rupture de son contrat de travail, en se fondant notamment...more

Dechert LLP

Employment Case Law Selection - France | First Semester of 2024

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Cass. soc., 31 January 2024, n°22-18.792 - A dismissal letter does not have to specify the date of the alleged acts. An employee dismissed for gross misconduct contested the termination of his employment contract, citing...more

Warner Norcross + Judd

Trends in the Term: Pending Decisions Distinguishing the Michigan Supreme Court’s 2023-2024 Docket

Warner Norcross + Judd on

Suspense builds as the end of the Michigan Supreme Court’s 2023-2024 term approaches quickly, with scores of argued appeals still unresolved. The 40 appeals that remain undecided reveal interesting trends in the court’s...more

Stikeman Elliott LLP

Tailwinds of “Common Sense” Buoy Employers: British Columbia Court of Appeal Upholds Simple Termination Clause

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In the decision of Egan v. Harbour Air Seaplanes LLP, 2024 BCCA 222 (“Egan”), the British Columbia Court of Appeal upheld a termination clause in an employment agreement, rejecting various arguments to undermine the clause’s...more

Littler

Ontario, Canada Appeal Court Affirms That Invalid Termination Clause Does Not Invalidate Fixed-Term Clause

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In Kopyl v. Losani Homes, 2024 ONCA 199, the Court of Appeal for Ontario (OCA) affirmed the lower court’s finding that an invalid without-cause termination clause in an employee’s employment agreement does not invalidate a...more

Morgan Lewis

China’s Highest Court Highlights Guidance on Termination Certificate Guidelines Set by Appellate Court

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The Supreme People’s Court of the People’s Republic of China (PRC) recently confirmed guidance on the contents of termination certificates, which employers in the PRC are required to issue to evidence the end of an employment...more

Holland & Knight LLP

14 de febrero de 2024 vence el plazo para el pago de cesantías en Colombia

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El auxilio de cesantías en Colombia es una prestación social que tiene como finalidad formar un ahorro en caso de que el trabajador se quede sin trabajo. Lo anterior, sirve de auxilio y se pagan al finalizar el contrato de...more

Dechert LLP

Droit Social | Sélection de jurisprudence – France | Second semestre 2023

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Cette newsletter présente cinq décisions de jurisprudence rendues au cours des derniers mois : Motif économique de licenciement : les pertes d’exploitation doivent avoir un caractère sérieux et durable (Cass. soc., 18...more

Dechert LLP

Employment Case Law Selection - France | Second Semester of 2023

Dechert LLP on

This newsletter summarizes five significant judicial decisions over recent months: Economic grounds for redundancy: operating losses must be serious and lasting (Cass. soc., 18 October 2023, n°22-18.852 F-B) After...more

Amundsen Davis LLC

The Impact of Indiana’s Restrictions on Physician Non-Compete Agreements

Amundsen Davis LLC on

Recent Indiana legislative sessions have limited the ability of health care entities to enter non-compete agreements with physicians, and the impact of that legislation is starting to be seen. By way of background, prior...more

Sherman & Howard L.L.C.

The SEC Blows the Whistle on Improper Confidentiality Provisions

On Friday, September 29, 2023, the Securities and Exchange Commission (“SEC”) issued a cease and desist and $10 million civil money penalty against D.E. Shaw & Co, L.P. (“DESCO”). DESCO is a registered investment advisor...more

Dunlap Bennett & Ludwig PLLC

Common Misconceptions About Virginia Termination Laws

Navigating the intricate landscape of employment laws and regulations can be daunting, and Virginia’s termination laws are no exception. We often encounter clients with various misconceptions about the laws governing...more

Littler

British Columbia Court Finds Termination Clause Enforceable Because it Complied with Statutory Individual Notice Provisions

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In Forbes v. Glenmore Printing Ltd., 2023 BCSC 25, the Supreme Court of British Columbia (BC) disagreed with the employee’s argument that the termination clause in his employment agreement was invalid because it required the...more

Mintz - Employment Viewpoints

Better Late Than Never: Employers in Canada Should Review Their Termination of Employment Provisions

Canadian employers should review their employment contracts and update them as necessary to avoid potentially costly problems upon separation of employment. Since early 2021 when the Supreme Court of Canada declined to...more

Constangy, Brooks, Smith & Prophete, LLP

Employment law and Aesop

Morals based on a real court decision. My law partner Jon Yarbrough alerted me to a recent court decision that is full of little gems for employers. I thought I'd break the decision down into "true fables," each with a...more

Genova Burns LLC

To Click or Not to Click: NJ Appellate Division Reaffirms Enforceability of Electronic Arbitration Agreements

Genova Burns LLC on

On March 7, 2023, in Dakota Powell vs. Prime Comms Retail LLC, the New Jersey Appellate Division ruled that a former employee must arbitrate her claims of race discrimination, rather than pursue them in court due to her...more

Lathrop GPM

NLRB Finds Confidentiality and Non-disparagement Provisions in Separation Agreement to be Unlawful...Are Handbook Policies Next?

Lathrop GPM on

A National Labor Relations Board (the Board) decision issued this week served notice on employers that they need to carefully consider the use of confidentiality and non-disparagement provisions in any employment-related...more

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

Louisiana Restrictive Covenant Signed by C-Suite Employee After Termination Is Unenforceable, State Appeals Court Holds

In Louisiana, restrictive covenants—known locally as “no competes”—are unenforceable by statutory default. The applicable statute declares, “Every contract or agreement, or provision thereof, by which anyone is restrained...more

Sheppard Mullin Richter & Hampton LLP

President Biden Signs “Speak Out Act” Limiting the Enforceability of Non-Disclosure and Non-Disparagement Provisions in Sexual...

On December 7, 2022, President Biden signed the Speak Out Act (the “Act”) into law. The Act limits the enforceability of pre-dispute non-disclosure and non-disparagement clauses relating to sexual assault and sexual...more

Proskauer - Law and the Workplace

NYC Council Considering Proposal To Significantly Limit At-Will Employment and Electronic Monitoring of Employees

A proposed ordinance has been introduced before the New York City Council to generally prohibit private employers from terminating employees without “just cause” or a “bona fide economic reason.” If enacted, this proposal...more

Fisher Phillips

How Do I Keep Departing Employees from Disparaging My School? A Proactive Approach

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Employees often leave schools unhappy — either because they were not satisfied with the work or were terminated involuntarily. More and more often, these departing employees take their grievances to social media and make...more

Dechert LLP

Key Developments for Employers in the UK - Issue 4

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Welcome to the fourth edition of The Employment Edit – a summary of the most important recent cases and news affecting employers in the UK. We hope you find this newsletter helpful and informative. In this edition we look at:...more

Constangy, Brooks, Smith & Prophete, LLP

ABCs of Employment Law: Employment at will

So misunderstood! NOTE FROM ROBIN: Earlier this year, I began a series of very basic explanations of the federal laws that govern the workplace. The first installment covered discrimination in general, and the second...more

Foley & Lardner LLP

New Jersey Bill Would Significantly Limit – And Make Employers Pay For – Non-Compete Agreements

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In early May 2022, New Jersey assemblymen introduced a bill that—if passed—will significantly limit employers’ ability to enter into and enforce employee non-compete agreements. As such, New Jersey may join the growing list...more

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