United States: Unfair/ Wrongful Dismissal

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Employment law and labour law articles and thought leadership, podcasts, videos and webinars from expert sources across the legal world. Explore articles covering topics such as Discrimination, Employee Benefits and Compensation, Health and Safety, Unfair/Wrongful Dismissal, Whistleblowing, Employment Rights, Outsourcing and Redundancy.

Negotiating An Executive Severance Package In The Shadow Of A Whistleblower Claim

When an executive leader leaves their employer, negotiating a severance package can be a sensitive endeavor. If that executive is a potential whistleblower, the severance negotiations take on even greater importance.

United States Criminal

SH

Sanford Heisler Sharp McKnight

Asia: Fixed Term Employment Contracts

Fixed term employment contracts are widely used across Asia, but the legal treatment of such arrangements differs significantly between jurisdictions. These differences can create compliance and workforce planning challenges for multinational employers...

Worldwide Employment

KL

Herbert Smith Freehills Kramer LLP

Employee Claims Discrimination After Netflix Termination Based On Vaccination Status

A former Netflix production executive has filed suit against the media company, claiming that her termination was retaliation for complaining about religious...

United States Employment

HB

Hall Benefits Law

Employee Position Eliminations And Reductions In Force: Best Practices

When an employer determines a reorganization is necessary, establishing and documenting the legitimate business reasons supporting the decision is critical.

United States Employment

ABA Business Law Section

California Supreme Court Warns That Confidentiality Agreements May Undermine Arbitration Agreements

United States Employment

SM

Sheppard, Mullin, Richter & Hampton LLP

Narrow Carve-out From Employment Safe Harbor: Sign-on Bonuses For Family-member Attendants

United States Employment

SR

McDermott Will & Schulte

Latest Updates On The UK Employment Rights Act 2025: Revised Implementation Timeline And New Consultations

United States Employment

LM

Littler Mendelson

New Jersey Appellate Division Clarifies Scope Of Ending Forced Arbitration Of Sexual Assault And Harassment Act

United States Employment

BI

Buchanan Ingersoll & Rooney PC

Top Five Labor Law Developments Of 2025

United States Employment

JL

Jackson Lewis P.C.

Silence Is Golden: Case Dismissal Affirmed Under Five-year Rule Because Defendants Need Not Object To An Untimely Trial Date

United States Employment

SS

Seyfarth Shaw LLP

2026 California Employment Law Updates: What Employers And Employees Should Know

United States Employment

ML

Madison Law

Alternative Investments: Approach With Caution, For Now...

United States Employment

KR

Kutak Rock LLP

Oregon Court Of Appeals Reinforces Legal Standard For Wrongful Discharge Claims

United States Employment

OD

Ogletree, Deakins, Nash, Smoak & Stewart

Uniform Controversies: Restricting Politically Charged Messages In The Workplace

United States Employment

RB

Reinhart Boerner Van Deuren s.c.

Federal Government Continues Anti-Fraud Enforcement In The Sports Industry And Signals Desire To Work Cooperatively With Organizations Under Investigation

United States Criminal

SJ

Steptoe LLP

Gabriel Pinilla On Coffee Shops: La Voz De Los Ruferos (Podcast)

United States Real Estate

Aa

Adams and Reese

401(k) And IRA Contribution Limits For 2026: Retirement Savings, Adjustments For Inflation, And SECURE 2.0 Changes American Taxpayers Must Know About

United States Tax

RS

Rotfleisch & Samulovitch P.C.

New York District Court Affirms Narrow Scope Of "Public Policy Exception" In Chapter 15 Cases

United States Insolvency

JD

Jones Day

Federal Circuit: Priority Document That 'Broadly Outlines' Possible Structures Fails To Provide Adequate Written Description Support For Subgenus Of Linkers In Antibody-Drug Conjugate

United States IP

AG

Akin Gump Strauss Hauer & Feld LLP

The End Of Day-one Unfair Dismissal Rights

Following back and forth amendments between the Lords and Commons, on 27 November the Commons gave way and agreed that the Employment Rights Bill...

United States Employment

BC

Bryan Cave Leighton Paisner

California Court Of Appeal Affirms Dismissal Of PAGA Claims Based On Prior Settlement And Claim Preclusion

On November 19, 2025, the California Court of Appeal, Second Appellate District, Division Eight, issued a published decision in Brown v. Dave & Buster's of California...

United States Employment

OD

Ogletree, Deakins, Nash, Smoak & Stewart

Employee Was Wrongfully Terminated After Failing Polygraph Test

Steven McDoniel was employed by Kavry Management as an "assistant grower" at its licensed marijuana growing facility in Adelanto, California. After $70,000 in cash and marijuana were stolen from the storage room...

United States Employment

PR

Proskauer Rose LLP

The FTC Shifts Its Focus From A Blanket Ban On Noncompete Agreements To Rigorous Enforcement Against Anticompetitive Overreach

The Federal Trade Commission recently announced that it is no longer seeking to enforce its April 2024 final rule, which banned noncompete agreements nationwide.

United States Employment

FL

Senn Fortis

FTC Signals Continued Scrutiny Of Employee Non-Compete Agreements

United States Employment

D

Dykema

Consultations Launched On Bereavement Leave And Enhanced Dismissal Protections For Pregnant Women And New Mothers

United States Employment

KL

Herbert Smith Freehills Kramer LLP

California Again Resurrects Stale Sexual Assault Claims

United States Employment

PR

Proskauer Rose LLP

German Labor Court Expands Employer Rights To Scrutinize Dismissed Employees' Job Applications

United States Employment

OD

Ogletree, Deakins, Nash, Smoak & Stewart

Circuit Courts Split Over NLRB Remedy Authority

United States Employment

GB

Genova Burns

Mass Dismissal Notification Failures Render Collective Redundancies Invalid, European Court Of Justice Rules

United States Employment

OD

Ogletree, Deakins, Nash, Smoak & Stewart

What Should I Do If I Think My Employer May Not Be Treating Me Fairly?

United States Employment

PL

Patterson Law Firm

Sexual Harassment - What Does "In The Course Of Employment" Mean?

United States Employment

BC

Bryan Cave Leighton Paisner

Works Council Initiators Not Protected In First Six Months Of Employment, LAG Munich Rules

United States Employment

OD

Ogletree, Deakins, Nash, Smoak & Stewart

Policyholder's Notice Of Claim Does Not Satisfy Notice Requirement For Other Insureds

United States Insurance

WR

Wiley Rein

What Should I Do If I Think My Employer May Not Be Treating Me Fairly?

If you believe your employer is treating you unfairly, the steps you take next are critical. Before you sign anything or speak out, understand your rights. Learn how to protect yourself and build a potential case.

United States Employment

PL

Patterson Law Firm

Sexual Harassment - What Does "In The Course Of Employment" Mean?

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.

United States Employment

BC

Bryan Cave Leighton Paisner

Works Council Initiators Not Protected In First Six Months Of Employment, LAG Munich Rules

In its ruling of August 20, 2025 (Ref.: 10 SLa 2/25), the Munich Regional Labor Court (LAG Munich) decided that an employee who takes preparatory steps to establish a works council during the first six months...

United States Employment

OD

Ogletree, Deakins, Nash, Smoak & Stewart

Policyholder's Notice Of Claim Does Not Satisfy Notice Requirement For Other Insureds

The United States District Court for the Central District of California, applying California law, has held that coverage was barred for insureds who did not give timely notice, despite timely notice by the policyholder.

United States Insurance

WR

Wiley Rein

International Employment Law Tracker—October 2025

United States Employment

JL

Jackson Lewis P.C.

How To Conduct A Fair And Legal Employee Termination In 2025

Ongoing economic uncertainty is forcing many companies to make tough decisions, which includes lowering staff levels. The legal landscape on both the state and federal level also...

United States Employment

SH

Scarinci Hollenbeck LLC

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 States Litigation

BC

Bryan Cave Leighton Paisner

Before The Layoff: Key Legal And Strategic Considerations For Employers

Layoffs are among the most difficult decisions an employer can face, fraught with legal, operational and emotional complexity...

United States Employment

CB

Cohen & Buckmann

First Circuit Concludes Employee's Wrongful Termination, Other State Law Claims Are Preempted By Federal Law

The U.S. Court of Appeals for the First Circuit (covering Maine, Massachusetts, New Hampshire, Puerto Rico, and Rhode Island) recently awarded a victory to employers litigating claims...

United States Employment

FL

Foley & Lardner

Montana Law Provides Employment Protections For Volunteer Emergency Responders

United States Employment

LM

Littler Mendelson

Labor, Employment And Employee Benefits Legal Update

United States Employment

MO

Mirick O'Connell

Live From Workplace Horizons 2025: Class And Collective Action Trends — What You Need To Protect, Defend . . . And Avoid Being Sued (Video)

United States Employment

JL

Jackson Lewis P.C.

Court Of Appeal Holds An Employee Cannot Recover Damages For Defamation Related To A Wrongful Termination Claim

United States Employment

SM

Sheppard, Mullin, Richter & Hampton LLP

"Majority Group" Employees Likely To Bring More "Reverse Discrimination" Claims In Wake Of Recent Supreme Court Ruling

United States Employment

LL

Liskow & Lewis

Challenges In Navigating Noncompete Agreements And Protecting IP In The Workplace With Fran Haas (Podcast)

United States Employment

NG

Nyemaster Goode

Workplace Strategies Watercooler 2025: NLRB Update—What To Expect In 2025 And Beyond (Podcast)

United States Employment

OD

Ogletree, Deakins, Nash, Smoak & Stewart

California Court Turns Up The Heat: PG&E Case Requires Employees Claiming Defamation To Prove Damages Beyond Their Termination

United States Employment

GT

Greenberg Traurig, LLP

Indiana's Amended Physician Non-Compete Statute Bars Physician-Hospital Agreements Starting July 1

United States Employment

JL

Jackson Lewis P.C.

Increased Workplace Protections For Volunteer Emergency Service Providers In Montana

United States Employment

JL

Jackson Lewis P.C.

Managing Labour Cost: Insights And Lessons For The Resource And Other Sectors For 2025

United States Employment

SS

Seyfarth Shaw LLP

Legal Protections For Employees During Security Clearance Investigations

United States Employment

TR

Tully Rinckey

ALJ Backs Hospital's Right To Delay Returning Strikers To Work

United States Employment

LM

Littler Mendelson

Early Signs Point To Pullback On Prior Administration's Moves To Curtail Noncompetes Per Se

United States Employment

DM

Duane Morris LLP

Federal Judge Refuses To Dismiss Retaliation Claims Over Sephora's Hiring Practices

United States Employment

HB

Hall Benefits Law

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Latest Videos

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Live From Workplace Horizons 2025: Class And Collective Action Trends — What You Need To Protect, Defend . . . And Avoid Being Sued (Video)

JL

Jackson Lewis P.C.

Terminations (Video)

Fa

Fairfield and Woods

Jeffrey Toobin Fired For "DIY" Incident (Video)

CB

Constangy, Brooks, Smith & Prophete, LLP

Termination Checklist Part 1: Tips From The NFL's "Black Monday" (Video)

BF

Berman Fink Van Horn P.C.

Hiding In Plain Sight: Identifying Hidden Employment Risks In Your Business (Video)

D

Dentons

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