The NLRB has invited briefing regarding the standards for determining whether “profane outbursts and offensive statements of a racial or sexual nature, made in the course of otherwise protected activity,” should lose their Section 7 protection.
The Federal Court of Canada recently confirmed that an employee’s signed release and settlement agreement will not preclude a complaint for unjust dismissal, but may affect the compensation awarded if the employee was unjustly dismissed.
The Ontario Court of Appeal recently considered the important question of whether a terminated employee is entitled to be awarded damages in lieu of a lost opportunity to earn incentive plan compensation during his or her reasonable notice period.
On August 6, 2019, the 5th Circuit dealt the EEOC a significant setback, largely affirming the district court’s decision that the EEOC violated the APA in issuing its 2012 Enforcement Guidance on criminal history.
In a recent case, the Court of Appeal for Ontario decided that an employee’s right to purchase shares of his employer’s parent corporation under a Shareholders’ Agreement would be governed by that agreement, including upon termination of his employment.
In recent weeks, Maine and New Hampshire each enacted a law prohibiting the use of noncompete agreements with lower wage earners. Shortly thereafter, on July 11, 2019, the Rhode Island legislature sent a similar bill to Governor Raimondo’s desk.