All Items: Organizational Exit

  • Severance, Confidentiality Agreements Must Not Limit Whistleblower Awards, SEC Orders

    August 17, 2016

    The Securities and Exchange Commission (SEC) has issued a cease and desist order targeting provisions in severance agreements that limit an employee's ability to cash in on a whistleblower award.

  • Seventh Circuit Rules Against EEOC Regarding CVS Separation Agreements

    December 18, 2015

    The Equal Employment Opportunity Commission (EEOC) may not broadly enforce separation agreements that may limit an employee's right to file a charge with the agency absent a conciliation attempt or an allegation that the employer engaged in discriminatory or retaliatory practices, the 7th Circuit Court of Appeals has ruled.

  • Vermont Notice of Potential Layoffs Act Now in Effect

    January 20, 2015

    On January 15, 2015, the Vermont "mini-WARN" law went into effect. The Vermont Notice of Potential Layoffs Act adds state-level notification requirements to the current requirements under the federal Worker Adjustment and Retraining Notification (WARN) Act.

  • Mississippi Federal Court: Fired Professor's Religious Speech Not Protected by First Amendment

    April 3, 2014

    A Mississippi federal court has ruled that a public university professor's religious speech to his students and colleagues was not protected from employer discipline or termination by the First Amendment because he spoke on his official capacity as a professor.

  • EEOC Files Claim Against CVS Over Separation Agreements

    February 20, 2014

    The EEOC alleges in a recently-filed lawsuit that CVS unlawfully violated employees' rights by conditioning the receipt of severance benefits on an "overly broad, misleading and unenforceable" separation agreement that could deter employees from filing discrimination charges or voluntarily communicating with the EEOC. Employers should continue to follow the development of this case as it will likely have an impact on employer separation agreements.

  • Ohio Federal Court Rules "Crying Spells" Formed Basis for FMLA Claim

    November 26, 2013

    An Ohio federal court ruled that "crying spells" were sufficient for an employee to take FMLA leave and found that the employer's dubious response to the leave may have violated the FMLA.

  • Inconsistent Reasons for Termination Could be Evidence of Discrimination

    July 10, 2013

    The Seventh Circuit Court of Appeals allowed a pregnancy discrimination case to go to trial because the employer offered multiple, inconsistent reasons for the employee's termination. The court's decision illustrates the importance of being mindful of the process of termination and ensuring that the reasons given for termination are accurate and consistent.

  • Connecticut Employers Will Be Subject to Heightened Recordkeeping Requirements

    July 2, 2013

    Starting October 1, 2013, Connecticut employers will be subject to various time-sensitive recordkeeping requirements due to recent amendments to the state's longstanding Personnel Files Act.

  • New Termination Pay Requirements Effective Soon in West Virginia

    June 18, 2013

    Employers in West Virginia must comply with important changes that have been made to the state termination pay law starting July 12, 2013.

  • New Exception to Employment At-Will in Oregon

    March 15, 2013

    The Supreme Court of Oregon created a new exception to the employment at-will doctrine, which may affect hiring and firing practices. Oregon employers should familiarize themselves with this decision and should immediately adjust their job offer, onboarding practices and termination decisions accordingly.

About This Category

News: Guidance for HR on understanding and complying with federal and state law regarding legal and fair employee terminations.