Blog

Termination

Is the Right to Self-Defense an Exception to Employment-at-Will?
May 5, 2022
In all states but Montana, employment is presumed to be at-will, meaning that either the employer or the employee may terminate the employment relationship at any time, with or without cause or notice.
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Extraordinary Workplace Misconduct: Bah Humbug!
December 8, 2021
In this season of joy and giving, we ran across our next instance in our occasional series of craziness in the workplace. This one involves the embodiment of Scrooge (before he found the Christmas spirit, of course).
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Employers – Make Sure Your Story Makes Sense! (And Is Truthful!)
April 7, 2021
Every now and then I read a case where from the beginning when presented with the employer’s handling of a termination, I can see the wheels coming off – so to speak.
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Tell a Lie and All Your Truths Become Questionable: Appellate Court Orders an Untruthful Officer to be Fired On Public Policy Grounds
January 27, 2021
On December 24, 2020, the Illinois Appellate Court First District ruled that it is the public policy of the State of Illinois that police officers are to be honest and truthful in conducting their police duties.
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Expert Global Guide to Dismissals 2020
September 25, 2020
The CMS Expert Global Guide to Dismissals has been created to assist an employer in anticipating all the possible courses of events when the decision has been made to terminate an employee or dismiss a managing director.
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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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Jun 22

New @shrm Court Report: Employer Avoids State Law Liability for Alleged Conduct That Would Have Violated Federal Law https://t.co/JikyMA9ua7

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