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.
Read More >

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.
Read More >

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.
Read More >

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.
Read More >

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.
Read More >

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 >

Tweets Follow

Sep 25

New @shrm Court Report: 8th Circuit: Worker Was Fired for Failing to Meet Job Expectations

Sep 25

Expert Global Guide to Dismissals 2020:

Sep 24

Independent Contractor Or Employee? AB 2257 Modifies AB 5, California’s Landmark Law Regarding Worker Classification