Worldwide: Unfair/ Wrongful Dismissal

A Texas Business Court ruling examines when oral conduct can override written contractual requirements, particularly focusing on nonwaiver clauses and the interpretation of undefined contract terms like 'books and records.

A San Diego jury has awarded a former substance abuse counselor $105 million after finding she was terminated for reporting workplace harassment, a hidden camera, and patient safety violations.

In Ontario, employees with less than three (3) months of service typically do not qualify for statutory notice of termination under the Employment Standards Act, 2000.

The Ontario Court of Appeal’s recent decision in Williamson v. Brandt Tractor Ltd.1 provides useful clarity on the deductibility of mitigation earnings in wrongful dismissal cases. It also reaffirms the significant evidentiary burden employers face in proving that a former employee failed to make reasonable efforts to mitigate their damages through new employment following dismissal.

In employment litigation involving termination and long-term disability (LTD) benefits, Ontario courts continue to draw important distinctions. While questions relating to reasonable notice are often well-suited...

The Ontario Court of Appeal has established new clarity on employer obligations in wrongful dismissal cases, addressing both the burden of proof for mitigation efforts and the treatment of income earned during notice periods. This ruling in Williamson v Brandt Tractor Inc. resolves critical questions about when employers must demonstrate available comparable employment and how courts should handle mitigation income from lower-paying positions.

Virginia's new Senate Bill 170 introduces significant restrictions on employer noncompete agreements, particularly affecting low-wage and terminated employees.

In Massey v, Borough of Bergenfield, __ F.4th __ (3d Cir. 2026), the U.S. Court of Appeals for the Third Circuit held that a white employee who alleged...

Some clients ask why they should work towards making their websites accessible when they will likely be sued anyway...