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.
Article
NLRB Advice Memo Clears Employer In Political Protest Firings And Signals Future Action
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
United States Employment
BB
Bass, Berry & Sims
Article
John Deere Moves To Dismiss Severance Program Dispute As Not Governed By ERISA
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.
United States Employment
HB
Hall Benefits Law
Article
EntertainHR: Look What You Made Me Dough: How Taylor Swift And Sourdough Can Help Shape Employee Performance Improvement
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.
United States Employment
FH
Ford & Harrison LLP
Article
Lion Elastomers III: The Return Of General Motors
The National Labor Relations Board has reinstated the General Motors standard for evaluating employee misconduct during protected activity, marking the third decision in the Lion Elastomers case series. This development simplifies how employers must assess discipline decisions by applying the traditional Wright Line framework rather than multiple setting-specific tests. The ruling emphasizes the importance of consistent workplace policies and uniform enforcement of conduct rules across all situations.
United States Employment
SS
Seyfarth Shaw LLP
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United States Employment
L-
Littler - Canada
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 States Employment
BT
Barnes & Thornburg LLP
Article
New York Employers May Soon Face New Separation Agreement Procedural Requirements
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.
United States Employment
PR
Proskauer Rose LLP
Article
When Is A Protest In The Workplace Not A “Workplace” Protest? NLRB Backs Microsoft’s Termination Of Employees Who Organized Gaza Demonstration
When employees organize workplace protests about external political issues, can employers lawfully terminate them for policy violations? A recent NLRB Advice Memorandum examines whether Microsoft's discharge of two employees who protested the Gaza war on campus was protected under the National Labor Relations Act, offering critical guidance on when activism loses legal protection due to insufficient connection to workplace concerns.
United States Employment
PR
Proskauer Rose LLP
Article
New York’s “No Severance Ultimatums Act” Would Increase Severance Agreement Requirements
New York's Legislature has passed the "No Severance Ultimatums Act," which would impose significant new requirements on employers offering severance agreements to New York employees. The bill mandates a 21-day consideration period, a 7-day revocation window, and prohibits coercive tactics, expanding federal protections currently limited to workers aged 40 and older to nearly all New York employees. Employers must prepare for immediate implementation if Governor Hochul signs the bill, as non-compliant agreem
United States Employment
SM
Sheppard, Mullin, Richter & Hampton LLP
Article
Texas Supreme Court: Documented Conduct Showing Actual Job Impairment Is Key To Avoiding Disability Discrimination Liability
The Texas Supreme Court has ruled that employers may lawfully terminate employees whose physical or mental conditions impair job performance, even when those conditions qualify as disabilities under state law. This landmark decision provides critical guidance for safety-sensitive positions while emphasizing the need for documented, objective evidence linking a disability to actual job impairment rather than assumptions or stereotypes.
United States Employment
SS
Seyfarth Shaw LLP
Article
When Headlines Become Lawsuits: Defending A Prestigious Maryland School In A High-Stakes Whistleblower Trial
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.
United States Employment
CM
Carr Maloney
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