United States: Unfair/ Wrongful Dismissal

The NLRB's Division of Advice recently cleared an employer of unfair labor practice charges after firing two employees who organized a political protest on company property. The decision hinges on whether the protest constituted protected concerted activity under the NLRA, with the agency finding the connection to workplace concerns too attenuated. In a significant footnote, General Counsel Crystal Carey signaled her intent to overturn recent precedent that protected activity with "an objective" the NLRA pr

Deere & Co. faces a legal challenge from former employees who claim the company's severance program falls under ERISA regulations, while the agricultural equipment manufacturer argues that its one-time lump-sum payment structure exempts it from federal oversight. The case hinges on whether a simple calculation-based severance payment constitutes an employee benefit plan requiring ongoing administration, with potential implications for how companies structure their separation agreements.

Drawing an unexpected parallel between Taylor Swift's sourdough baking journey and workplace performance management, this article explores how the methodical process of creating the perfect loaf mirrors the essential steps employers should follow when implementing employee performance improvement plans. From proper preparation and regular check-ins to allowing adequate time for growth, discover why rushing either process leads to disappointing results.

California lawmakers have advanced legislation that would prohibit employers from using automated systems as the sole basis for terminating or disciplining workers. The bill, which awaits the governor's signature, represents one of the most comprehensive state-level attempts to regulate AI in workforce management, requiring human oversight of algorithmic decisions and mandating transparency about which digital tools influence employment outcomes.

New York State Legislature has passed a bill that would require employers to provide employees with a minimum 21-day review period and 7-day revocation window for separation agreements involving the release of claims. The proposed "No Severance Ultimatums Act" extends procedural protections similar to those under federal age discrimination law to all covered severance agreements, regardless of employee age, and awaits Governor Hochul's signature.

The widespread adoption of remote work has disrupted longstanding assumptions regarding which state’s employment laws govern a particular worker.

After terminating the employment of Julie Simpson (Guardian’s COO), Guardian’s CEO/owner sued Simpson for a variety of claims, including breach of contract, interference with prospective...

The Massachusetts Supreme Judicial Court held in Sabatini v. Knouse that a student sexually harassed in an academic setting may sue the individual perpetrator directly under G. L. c. 214, § 1C, not just the educational...

A Maryland private school faced a high-profile whistleblower retaliation lawsuit after terminating its Chief Financial Officer, who claimed he was fired for reporting discrimination concerns. The case, which drew front-page media attention, threatened the institution's reputation and required a defense strategy that would uncover the truth behind conflicting narratives about performance issues versus retaliation claims.