Blog

Termination

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.
Read More >

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.
Read More >

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.
Read More >

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.
Read More >

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.
Read More >

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.
Read More >

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.
Read More >

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.
Read More >

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.
Read More >

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?
Read More >

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.
Read More >

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.
Read More >

Tweets Follow

Aug 19

New @SHRM Court Report: Section 1981 Claims Can Be Arbitrated https://t.co/AERxFMqMFb

Aug 16

@USDOL Gives Working Parents FMLA Pass to Attend Children's Special Education Meetings https://t.co/8cpdqBzPWR

Aug 16

NLRB Expands Scope of Mandatory Arbitration Agreements https://t.co/77x0vtj0f7