At-Will Employment Is a Fairy Tale…
November 24, 2023
Once upon a time, employees in all states but Montana were presumed to be employed at-will, absent some sort of employment agreement (e.g. individual contract for a term, a collective bargaining agreement, policies that contemplate termination for cause, etc.).
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Firing Employees to Increase Diversity Is Perhaps Not the Best Plan…
January 13, 2023
A recent case provides another example of when trying too hard to fix one problem can create new ones.
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Quiet Firing: What Employers Need to Know Before Engaging in the Trending Form of "Discipline"
October 6, 2022
“Quiet firing” is now a trending term which refers to an employer who, instead of terminating an underperforming employee, simply reduces (or eliminates) the employee’s hours and/or responsibilities until the employee voluntarily quits.
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Extraordinary Workplace Misconduct: The Case of the Somnambulant Sales Rep
August 12, 2022
Should an employee who, while at a convention, knocks on a coworker’s hotel room door, enters, then heads to the coworker’s bed wearing nothing but a robe be fired, even if the employee claims to have been sleepwalking at the time?
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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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