News & Analysis as of

Termination Appeals

Jackson Lewis P.C.

Potential Unlawful Conduct + Employment Decisions: Wisconsin Court Redefines Arrest Record Discrimination

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The Wisconsin Supreme Court has clarified that non-criminal, municipal citations are covered by the prohibition on arrest record discrimination under the Wisconsin Fair Employment Act (WFEA). The court also narrowed the...more

CDF Labor Law LLP

Bouncing Back and Forth: Wilcox’s NLRB Status Tilts Once More

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NLRB member Gwynne A. Wilcox’s status with the National Labor Relations Board (“NLRB” or “Board”) continues to move back and forth faster than a pinball on tilt....more

Littler

Littler Lightbulb – March 2025 Employment Appellate Roundup

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Fourth Circuit Stays Injunction Barring Enforcement of DEI Executive Orders On March 14, 2025, the Fourth Circuit issued an order in National Association of Diversity Officers in Higher Education v. Donald Trump, No. 25-1189...more

Fisher Phillips

SCOTUS Chief Justice Upholds Trump’s Ouster of NLRB Member Wilcox – For Now: What Employers Need to Know About Next Steps

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Chief Justice John Roberts just ensured that President Trump’s unprecedented termination of Democrat NLRB member Gwynne Wilcox will stand for now – and it appears the battle could be heading to a final conclusion in the...more

Bennett Jones LLP

An “Exacting Standard”: the Enforceability of Termination Clauses and the “At Any Time” Conundrum

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Baker v Van Dolder’s Home Team Inc. (Baker) is the latest decision in Ontario to conclude that a termination provision permitting an employer to terminate, without cause, “at any time” is contrary to the Employment Standards...more

Genova Burns LLC

DC Circuit Reverses Reinstatement Of Agency Board Members

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In a split decision, the D.C. Circuit Court of Appeals reversed the District Court and ruled that President Trump is not obligated for now to reinstate fired National Labor Relations Board and Merit Systems Protection Board...more

Blake, Cassels & Graydon LLP

British Columbia and Ontario: Two Diverging Approaches to Interpreting Termination Provisions

Overview - Employers increasingly face challenges regarding whether termination provisions in their employment agreements will be determined to be enforceable if challenged in court. As we continue to see increasing court...more

Littler

Understanding Employment Terminations: A Comparative Analysis of the UK and Poland

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Termination of employment contracts is a critical aspect of labor law in both the UK and Poland, ensuring that employers and employees alike are aware of their rights and obligations in the event of contract dissolution....more

Constangy, Brooks, Smith & Prophete, LLP

Out again: Court pauses order that prevented removal of NLRB’s Gwynne Wilcox

The termination of NLRB Member Gwynne Wilcox is back in place, at least for the time being. Earlier this month, Judge Beryl A. Howell issued an injunction that blocked President Trump and Marvin Kaplan, Chairman of the...more

Chartwell Law

The Tennessee Supreme Court Reaffirms Tennessee’s Adherence to the Employment-at-Will Doctrine

Chartwell Law on

In a landmark decision, the Supreme Court of Tennessee recently ruled in Heather Smith v. BlueCross BlueShield of Tennessee that the right to petition in Article I, Section 23 of the Tennessee Constitution does not provide a...more

Carlton Fields

Seventh Circuit Affirms Order Compelling Arbitration, Holds Arbitration Agreement Applies to Title VII Claim

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In Retzios v. Epic Systems Corp., the Seventh Circuit Court of Appeals considered an appeal brought by the plaintiff, a former employee of Epic, who was fired after she refused to be vaccinated against COVID-19. The...more

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

D.C. Circuit Rules Trump Can Remove Independent Agency Members Without Cause

On March 28, 2025, the U.S. Court of Appeals for the District of Columbia Circuit ruled that President Donald Trump likely has the authority to remove National Labor Relations Board (NLRB) member Gwynne Wilcox and Merit...more

Orrick, Herrington & Sutcliffe LLP

District court asserts jurisdiction over unions’ termination claims

On March 24, U.S. District Court for the Northern District of California entered an order addressing subject matter jurisdiction in a case involving unions and federal employee terminations following President Trump’s...more

Venable LLP

Trump Fires Democratic FTC Commissioners, Setting Up a Direct Challenge to Humphrey’s Executor

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On March 18, President Trump fired the two Democratic commissioners of the Federal Trade Commission (FTC). The removals of Alvaro Bedoya and Rebecca Kelly Slaughter are the latest in a series of executive actions that will...more

Bradley Arant Boult Cummings LLP

Recovering Attorneys’ Fees in Connection with Termination Settlement Proposals

When a government contract is terminated for convenience, contractors may find themselves navigating the complex process of preparing a termination settlement proposal. One critical consideration that often arises is whether...more

Constangy, Brooks, Smith & Prophete, LLP

NLRB in the balance: Did Trump have the right to terminate a Board member?

The legal dispute over President Donald Trump’s removal of National Labor Relations Board Member Gwynne A. Wilcox may be on a fast track to review by the U.S. Supreme Court. Ms. Wilcox, a Democrat appointed by President...more

Epstein Becker & Green

Massachusetts High Court To Weigh In on Forfeiture-for-Solicitation Provisions in Era of Massachusetts Noncompetition Agreement...

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On Monday, March 3, 2025, the Massachusetts Supreme Judicial Court (“SJC”) heard argument in Miele v. Foundation Medicine, Inc., regarding whether the Massachusetts Noncompetition Agreement Act, G. L. c. 149, § 24L (the...more

Constangy, Brooks, Smith & Prophete, LLP

Judge nixes termination of NLRB member

The Board has a quorum again . . . for now. In one of his first acts after taking office, President Trump fired Gwynne Wilcox, a Democratic member of the National Labor Relations Board and former Chairman....more

McDermott Will & Emery

Religious Texts, Copyrights, and Estate Law: A Case of Strange Bedfellows

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The US Court of Appeals for the Ninth Circuit affirmed in part and reversed in part a case involving a deceased religious leader who owned the copyrights to works reflecting his teachings. The Court found that the copyrighted...more

Jackson Lewis P.C.

Federal Appeals Court Holds New Jersey’s Cannabis Law Provides No Private Right of Action

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The Third Circuit Court of Appeals has held that the New Jersey Cannabis Regulatory, Enforcement Assistance, and Marketplace Modernization Act (“CREAMMA”) does not permit a private citizen to bring a civil action for...more

Mintz - Employment Viewpoints

Sooner the Better: Employers in Canada Should Really Review Their Termination of Employment Clauses

A recent Ontario Court of Appeal (“ONCA”) decision signals a pressing need for Canadian employers to review and consider updating their contractual termination of employment provisions. Otherwise, employers are at risk of...more

Bradley Arant Boult Cummings LLP

What to Do if Your Government Contract Is Terminated per the New DEI Executive Order

On January 21, 2025, President Donald Trump issued an executive order titled “Ending Illegal Discrimination and Restoring Merit-Based Opportunity.” The executive order’s stated purpose is to end “illegal” diversity, equity,...more

Cooley LLP

Cap in Hand: Should Liability Caps Be Applied Before or After Set-Off?

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In Topalsson GmbH v. Rolls-Royce Motor Cars Limited, the Court of Appeal helpfully re-affirmed that the ‘commonsense’ approach to the application of liability caps is to apply them before any set-off calculation....more

Dechert LLP

Newsletter on health, safety and working conditions – France | Second semester 2024

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This newsletter highlights four significant court rulings issued in recent months: Working during sick leave automatically entitles an employee to compensation (Cass. soc., September 4, 2024, No. 23-15.944 FSB)...more

Dechert LLP

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

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Cette newsletter présente quatre décisions de jurisprudence rendues au cours des derniers mois: L’employeur peut utiliser le contenu de clés USB personnelles pour prouver une faute grave (Cass. soc., 25 septembre 2024,...more

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