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  • Article

    Terminations Procedures Checklist

    Knowing when to terminate an employee is just as important as knowing how to terminate an employee – and you can with this Terminations Procedures checklist.
    United StatesEmployment and HR
    Ford Harrison LLP
    Ford Harrison LLP
  • Article

    The Revival Of Last-Chance Agreements As An Alternative To Termination

    In this article written by Steve Loewengart, he explains what a last-chance agreement is, when such a document is appropriate and how an LCA should be drafted.
    United StatesEmployment and HR
    Fisher Phillips LLP
    Fisher Phillips LLP
  • Article

    Threat To Terminate Employee May Constitute Extortion

    John Galeotti, a former business agent for the union, alleged he was wrongfully terminated for refusing to contribute money toward the campaigns of various union officials who had run for election to union positions.
    United StatesEmployment and HR
    Proskauer Rose LLP
    Proskauer Rose LLP
  • Article

    Update To Client Memorandum On Section 162(M) Of The Internal Revenue Code

    On February 4, 2008, Fried Frank issued a client memorandum describing a recent Private Letter Ruling in which the Internal Revenue Service (IRS) reversed its previous position on the effect that certain termination of employment provisions have on payments which are intended to qualify as performancebased compensation" for purposes of section 162(m) of the Internal Revenue Code of 1986, as amended (the "Code").
    United StatesEmployment and HR
    Fried Frank Harris Shriver & Jacobson
    Fried Frank Harris Shriver & Jacobson
  • Article

    Whistleblower Statute Protects Employees From Retaliation For Reporting Personal Matters

    Cardenas was a dental hygienist. She received an expensive ring from her husband for her twenty-fifth wedding anniversary.
    United StatesEmployment and HR
    Fenwick
    Fenwick
  • Article

    Another Day, Another AI Hallucination Case

    A California Court of Appeal affirmed sanctions against attorneys who filed a brief containing fabricated citations, false quotations, and misrepresented legal authority generated by artificial intelligence. The trial court imposed $5,000 in sanctions to the opposing party and $1,000 to the court under California Code of Civil Procedure section 128.7, finding the attorneys' procedural and substantive challenges to be without merit.
    United StatesLitigation, Mediation & Arbitration
    Proskauer Rose LLP
    Proskauer Rose LLP
  • Article

    Is The Adjudication Process Unfair?

    On 17 June 2025 the Adjudication Society held a panel discussion, hosted by BCLP, looking at whether the adjudication process is unfair to employers, main contractors or subcontractors or does it just feel that way.
    United StatesLitigation, Mediation & Arbitration
    Bryan Cave Leighton Paisner
    Bryan Cave Leighton Paisner
  • Article

    Litigation Is A Process, Or "Don't Spend That Money Until The Last Appeal Date Runs Out"

    T.J. Simers, late of the Los Angeles Times, was a talented sports columnist until he was no longer there.
    United StatesMedia, Telecoms, IT, Entertainment
    Fox Rothschild LLP
    Fox Rothschild LLP
  • Article

    Can An Employment Agreement Reduce The Risk Of A Lawsuit?

    Employment agreements are, at their core, contractual relationships. These legal documents outline the relationship between business owners and their employees.
    United StatesEmployment and HR
    Edlin Gallagher Huie + Blum
    Edlin Gallagher Huie + Blum
  • Article

    Confusion Over Sarbanes-Oxley Procedures Delays Reinstatement Of Terminated Bank Executive

    Employment issues under Sarbanes-Oxley.
    United StatesEmployment and HR
    Dorsey & Whitney LLP
    Dorsey & Whitney LLP
  • Article

    Eighth Circuit Says That Considerations Of Health Care Cost Savings Could Be Proxy For Age In ADEA Suits

    The Eighth Circuit recently concluded that an employer may violate the ADEA by terminating an older employee in order to reduce its health care premiums.
    United StatesEmployment and HR
    Proskauer Rose LLP
    Proskauer Rose LLP
  • Article

    Law Firm Should Have Been Disqualified From Case After Reviewing Privileged Emails

    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...
    United StatesEmployment and HR
    Proskauer Rose LLP
    Proskauer Rose LLP
  • Article

    Mitsubishi Chemical In-House Attorney Forged Document Supporting Discrimination Claim, Company Says

    On October 22, 2021, Mitsubishi Chemical filed a motion with the Southern District of New York alleged that former company Assistant and Acting General Counsel Jennifer Fischman forged a document...
    United StatesEmployment and HR
    Bertram LLP
    Bertram LLP
  • Article

    Physician Employment Agreements: For Cause Or Not-For-Cause

    One of the recurring discussions I have with physicians about such arrangements revolves around the issue of contract termination.
    United StatesEmployment and HR
    Fox Rothschild LLP
    Fox Rothschild LLP
  • Article

    Qui Tam Wage‑and‑Hour Action Not An “Employment Claim” And Thus No Duty To Defend

    The U.S. District Court for the Central District of California, applying California law, held that an employment practices liability insurer owed no duty to defend a qui tam action alleging prevailing-wage violations...
    United StatesEmployment and HR
    Wiley Rein
    Wiley Rein
  • Article

    Recent Decision On Temporary Disability Under The ADA Should Give Employers Pause

    On January 23, 2014, the U.S. Court of Appeals for the Fourth Circuit held that a temporary injury, if sufficiently severe, may qualify as a "disability" under the Americans With Disabilities Act.
    United StatesEmployment and HR
    Foley Hoag LLP
    Foley Hoag LLP
  • Article

    Surging Construction Job Vacancies Signal Need To Reevaluate Labor Practices

    According to a recent ConstructionDive.com article, construction job openings soared in January 2024 marking over a 40% increase from the same period in 2023.
    United StatesEmployment and HR
    Gray Reed
    Gray Reed
  • Article

    Terminated Employee Could Proceed With Tortious Interference Claims Against Apple

    Dan Popescu sued Apple Inc. for damages after he was fired by his employer, Constellium Rolled Products Ravenswood, LLC.
    United StatesEmployment and HR
    Proskauer Rose LLP
    Proskauer Rose LLP
  • Article

    Legislation Limits AI Use In California Workplace Decisions

    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.
    United StatesEmployment and HR
    Barnes & Thornburg LLP
    Barnes & Thornburg LLP
  • Article

    New York Enacts Law Expanding Severance Agreement Protections

    New York recently enacted legislation expanding protections for employees who are offered severance agreements. The law, known as the No Severance Ultimatums Act...
    United StatesEmployment and HR
    Shook, Hardy & Bacon LLP
    Shook, Hardy & Bacon LLP

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