Once a Construction Employee, Not Always a Construction Employee? Ontario Court Finds Yet Another Way to Invalidate a Termination Clause
July 20, 2020
A recent and troubling decision from the Ontario Superior Court of Justice illustrates that the courts are applying increasing scrutiny to employment contracts which purport to limit employee entitlement upon termination.
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Executive Rules of Etiquette for RIFs
October 18, 2019
By now most everyone has heard about the travails of WeWork arising from the swift downfall of founder Adam Neumann.
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Nevada Supreme Court Issues Decision On Wrongful Termination Claims
October 17, 2019
                  In Nevada, a wrongful termination claim provides a former employee with a legal remedy if she is terminated because she engaged in behavior that is protected by public policy, such as seeking workers' compensation benefits, performing jury duty, or refusing to violate the law.
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Zamboni Operator on Thin Ice
August 23, 2019
The case of Graham v. Arctic Zone Iceplex, LLC (7th Cir. July 23, 2019) addressed the issue that arises so often with employers: there is no discipline or documentation, but a “final incident” occurs that supports the need for termination.
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Unretiring Reasonable Notice - Ontario Not-for-Profit Corporations Act Confirms 24-Month Notice Cap Absent Exceptional Circumstances
June 28, 2019
Ontario employers have noted with alarm that judicial decisions regarding employee entitlements on termination have gradually been increasing in size.
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Worklaw® Network Member Kamer Zucker Abbott (Las Vegas, NV) Secures Win Before Nevada Court Of Appeals
April 2, 2019
The Nevada Court of Appeals recently upheld the disqualification of unemployment benefits to a former employee based on misconduct, reversing a state district court decision which had found in favor of the employee.
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Ontario Employer’s Just Cause Assertion Backfires, Results in $1,000,000 in Liability Time
March 1, 2019
Ontario’s Court of Appeal recently upheld a trial decision in which an employer’s tactical pursuit of a just cause defence and counterclaim backfired catastrophically and resulted in a cumulative award of over $1 Million.
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CMS Employment Practice Group Guides to Dismissals - Europe, Asia & Latin America
February 11, 2019
CMS is happy to share with you the 2019 edition of the CMS Guides to Dismissals.
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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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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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Tweets Follow

Sep 17

California COVID-19 Supplemental Paid Sick Leave Starts September 19

Sep 16

Key Changes to Hawaii Employment Laws

Sep 14

DOL Revises FFCRA Final Rule: What This Means for Covered Employers