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418 results found

Article

Hunton Andrews Kurth LLP | USA | 9 Sep 2016

When Arbitration Is Favored Despite USERRA Violations

The Eleventh Circuit recently addressed a novel issue: What should courts do when faced with an employment contract containing provisions that run

Article

Hunton Andrews Kurth LLP | USA | 18 Aug 2016

Eleventh Circuit: Arbitration Agreement Enforceable Despite Terms that Violate USERRA

In Bodine v. Cook's Pest Control Inc., No. 15-13233, 2016 WL 4056031 (11th Cir. July 29, 2016), the Eleventh Circuit held that a forced-arbitration

Article

Kelley Drye & Warren LLP | USA | 7 Oct 2011

State's significant control over in-home service providers makes it an employer

The Illinois Department of Human Services runs two programs that provide in-home care to Illinois residents.

Article

Rubin Thomlinson LLP | Canada | 4 Oct 2011

Handling of survey results contributes to manager’s constructive dismissal

Many employers are familiar with the traditional scenario in which an investigation is initiated.

Article

Freshfields Bruckhaus Deringer | France | 1 Jul 2011

Prejudice caused to an employee by the sole stipulation of a null and void non-compete clause

The Supreme Court has strengthened case law on non-compete clauses by ruling, on 30 March 2011, that prejudice is caused to an employee if an employment contract provides for a non-compete obligation that is unenforceable due to the absence of financial compensation.

Article

Mills & Reeve LLP | United Kingdom | 30 Jun 2011

The many lessons of Shoesmith

It is hard to imagine a more difficult set of circumstances for a local authority than those explored in last month's Court of Appeal ruling.

Article

Mills & Reeve LLP | United Kingdom | 2 Jun 2011

Shoesmith case illustrates high cost of ignoring due process

Last week's Court of Appeal judgment finds that the then Education Secretary Ed Balls acted unlawfully in removing Sharon Shoesmith from her post as Director of Children's Services, and that Haringey Council also acted unlawfully when it went on to terminate her underlying contract of employment without notice.

Article

LK Shields | Ireland | 26 May 2011

Alternative dispute resolution in employment disputes

As the volume of employment claims increases, so too do the inevitable delays in resolving those claims

Article

Portolano Cavallo Studio Legale | Italy | 5 Apr 2011

Dismissal for poor performance: recent Supreme Court decision

In Decision 24361, which was issued on December 1 2010, the Labour Section of the Supreme Court stated that an employer may dismiss an employee for poor performance even if the employee in question has not committed a gross violation of his or her duty of diligence.

Article

Eversheds Sutherland (US) LLP | USA | 11 Mar 2011

U.S. district court retroactively applies Dodd-Frank whistleblower restriction to bar arbitration provision in employment agreement

In Pezza v. Investors Capital Corp., a Massachusetts federal district court held recently that Section 922 of the Dodd-Frank Act, which amends the Sarbanes-Oxley Act (SOX) whistleblower protections to bar enforcement of pre-dispute arbitration agreements in whistleblower challenges, applies retroactively.

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