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Managing employee performance effectively requires more than business acumen—it demands careful attention to legal risk at every stage. From setting clear expectations to documenting feedback and applying discipline consistently, each decision can either strengthen an employer's position or create costly litigation exposure. Understanding how to navigate performance issues while minimizing legal vulnerabilities is essential for protecting both the organization and its workforce.

Our employment law update for October covers a case about whether serious acts of sexual harassment took place in or outside the course of employment.

On July 8, 2021, the United States Court of Appeals for the Third Circuit issued an opinion upholding the National Labor Relations Board's 2019 decision relating to post-arbitral deferral standards.

In the rst of two articles on the whistleblowing landscape, Sean Curran considers how things might change in the UK in the wake of the country's departure from the EU.

On May 18, the Federal Trade Commission (FTC) published a policy statement identifying practices that it will scrutinize in evaluating whether a business's use of biometric information technology...

In a significant move aimed at streamlining and providing additional flexibilities to the employment verification process, the Department of Homeland Security (DHS) announced a final rule...

Recent federal appellate court decisions address critical employment law issues including NLRB subpoena authority during union campaigns, Title VII retaliation standards, disability discrimination under the Rehabilitation Act...

On October 11, 2017, the Minnesota Supreme Court issued a decision in Burt v. Rackner, Inc., No. A15-2045, that may have effectively abrogated the long-standing rule of "employment at will" in Minnesota.

In Hetherington v Saskatchewan Liquor and Gaming Authority, 2020 SKQB 110, the Queen's Bench for Saskatchewan considered the impact of an employee's voluntary interruption of employment on her entitlement to common law reasonable notice following her wrongful dismissal without cause.

The federal Family and Medical Leave Act (FMLA) and Wisconsin Family and Medical Leave Act (WFMLA) are sources of confusion and frustration for many employers.

Severance agreements offered to non-supervisory employees that include broad-based non-disparagement and confidentiality provisions are unlawful according to the National Labor Relations Board.

In a highly controversial decision, the New Jersey Supreme Court ruled on December 2, 2010, in Quinlan v. Curtiss-Wright Corporation, that a trusted employee's act of stealing and using her employer's confidential personnel documents in furtherance of her discrimination lawsuit constituted protected activity under the New Jersey Law Against Discrimination ("LAD"), for which she should not have been terminated.

In this case, the Court of Appeal reaffirmed the principle that an employee's tort claim is not separately actionable against an employer when it is premised upon the same conduct that gave rise to the termination...

In part three of our four-part series on Reductions in Force in Asia Pacific, we looked at severance costs and benefits, key timing challenges and consultation with employees or employee representatives.

On August 25, 2023, the National Labor Relations Board ("NLRB") reversed decades of established law with the release of its decision in Cemex Construction Materials Pacific LLC ("Cemex")...

In its recent decision in McLaren Macomb, the National Labor Relations Board ("NLRB" or the "Board") concluded that provisions in employment separation agreements prohibiting disparagement...

As described in the April 2018 Round-Up, New York State and New York City earlier this year each passed a package of laws strengthening worker protections against sexual harassment.