Blog

Termination

Employers Tread Carefully! The Interplay between Federal and State Laws Regarding Medical Marijuana Usage
December 5, 2018
The U.S. Court of Appeals for the Ninth Circuit has a reputation as an employee-friendly forum.  Yet that Court recently rendered a decision that employers should applaud.
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Inconsistency Does It Again
November 30, 2018
When it comes to compliance with Fair Employment Practices statutes and regulations, employers generally are not required to treat everyone the same. Rather, they’re required to have business reasons that explain the difference in treatment and to apply those reasons consistently.
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Texas Court of Appeals Reverses Dismissal on Plea to Jurisdiction in Former Policeman’s Whistleblower Suit
October 17, 2018
Not every Dallas employment litigation case arises from allegations of age or race discrimination or accusations of sexual harassment. Sometimes, litigation arises as a result of an alleged violation of another law, such as the Texas Whistleblower Act.
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Dallas Area Court of Appeals Agrees that Discharged Employee Failed to Prove Retaliatory Discharge Under Texas Law
August 14, 2018
Since Texas is an “employment at-will” state, generally employees can be fired for good cause, no cause, or even bad cause – as long as the “cause” is not illegal under state or federal law (such as age or race discrimination).
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District of Minnesota Allows Punitive Damages Claim to Proceed to Trial in Minnesota Whistleblower Act Retaliation Case
April 25, 2018
After an appeal to the Eighth Circuit which reinstated the plaintiff’s whistleblower retaliation claim, A Minnesota District Court Judge issues a decision denying summary judgment to the employer on the plaintiff’s claim for punitive damages.
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Court Green-Lights Nurses’ Defamation Claims
March 30, 2018
Even in good times, employers can feel that their every personnel decision is fraught with legal risk. Of course, in times of crisis, employers must often act decisively to protect their businesses and reputations.
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CMS Guides to Dismissals Across Europe, Asia and Latin America
February 23, 2018
CMS Employment Group is pleased to share with you the new edition of the Guides to Dismissals.
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The Employee You Terminated Won’t Return Company Property. Now What?
January 24, 2018
Have you ever terminated someone only to have them hold hostage your company’s property?
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Employers, Facebook Can Be Your Friend!
December 5, 2017
Our past alerts on social media issues typically center on NLRB and court decisions that are not always favorable to employers. A recent arbitration decision, however, highlights that Facebook may provide an employer with the evidence it needs to root out workplace dishonesty.
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Canada: Court of Appeal Confirms Purchaser Not Bound to Vendor’s Employment Contracts
November 28, 2017
A particularly nuanced aspect of a sale of business involves offering employment to employees of the vendor. The determination of risk, as well as whether the vendor or purchaser takes on liability for employment obligations, is often a key feature of such transactions and price.
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Ontario’s Court of Appeal Strikes Down Yet Another Termination Clause
November 9, 2017
Recent decisions from the Ontario courts have not been kind to employers seeking to limit employees’ termination entitlements through written agreements.
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Minnesota Supreme Court Allows Private Cause of Action for Employees Terminated for Refusing to Share Tips & October 2017 Updates in Labor and Employment Law
October 23, 2017
On October 11, 2017, the Minnesota Supreme Court held in Burt v. Rackner, 2017 WL 4532933 (Minn. 2017), the Minnesota Fair Labor Standards Act (MFLSA) grants an employee a private cause of action for wrongful discharge when terminated for refusing to share gratuities.
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Tweets Follow

Dec 14

New @SHRM Court Report: Emojis Deemed Harmless but Retaliation Claim Advances: https://t.co/TNFU7j2Yb5

Dec 13

New @SHRM Court Report: Job Abandonment Was Effective Defense to Wrongful Discharge Claim: https://t.co/MPEEbRHy5O

Dec 12

21C Workplace Success Begins with a Handshake (and Eye Contact)! https://t.co/pM4pX5TLcm