Tag: damages

New Tennessee wrongful discharge law favorable to employers

by David Johnson A new Tennessee law going into effect on July 1 puts a cap on damages employees can collect in wrongful termination claims. Public Chapter 995 affects the Tennessee Human Rights Act (THRA), the Tennessee Public Protection Act (TPPA), and the Tennessee Disability Act (TDA). The new law imposes a cap on compensatory […]

Tennessee legislation will amend THRA, TPPA

by David L. Johnson On May 13, the Tennessee General Assembly passed House Bill 1954/Senate Bill 2126, which will significantly amend the Tennessee Human Rights Act (THRA) and the Tennessee Public Protection Act (TPPA) in a manner favorable to employers. Governor Bill Haslam is expected to sign the bill later this month. Once signed, it […]

Turn back the clock

Last week, I had occasion to return to Chicago, which was my stomping grounds for nearly a decade in the 1990s and early 2000s. While I was there, I spent time with a former colleague, reminiscing about the good old days. We were both still in our 20s when we began working together nearly 20 […]

More mysteries of mitigation

by Karen Sargeant and Clayton Jones Last week, we reported on the Ontario Court of Appeal’s decision in Bowes v. Goss Power Products Ltd., which found that an employee does not have a duty to mitigate where an employment contract contains a fixed severance entitlement but no express requirement to mitigate. The Court of Appeal […]

Lack of trust: How much evidence is enough?

by Louise Béchamp As a Québec employer recently learned, an alleged breach in the relationship of trust between employer and employee must be supported by objective evidence and facts if it is to form cause for termination of employment. In Senécal vs. CEGEP du Vieux Montréal, 2012 QCCS 1995, the employer was ordered to pay […]

Biting the Fiduciary Bullet: A Case for Post-Employment Restrictive Covenants

By Kyla Stott-Jess and Devin Crisanti Post-employment restrictions can be tricky to enforce. But if drafted properly, they can be valuable. As one Alberta employer recently discovered in ADM Measurements Ltd. v. Bullet Electric LTD, relying on implied fiduciary duties to do the job of contractual restrictions can be a pricey gamble. Background The employer, […]

IBM Appeals Wrongful Dismissal Decision; Case Raises Question of Double Recovery

By Kevin O’Neill On April 5, 2012, the Supreme Court of Canada said it would hear IBM’s appeal from the British Columbia Court of Appeal’s 2011 decision in Waterman v. IBM Canada Ltd. This important case will likely allow the Supreme Court to re-examine damages principles arising in a wrongful dismissal action. The case raises […]

States Retain Sovereign Immunity from Suit Under FMLA Self-Care Provisions

In a 5-4 opinion delivered Tuesday, the U.S. Supreme Court held that state employers are immune from suit for damages under the self-care provisions of the Family and Medical Leave Act (FMLA). In the case, Daniel Coleman sued his employer, the Court of Appeals of the State of Maryland, for $1.1 million in damages when […]

Calculating Damages from Misappropriation of Confidential Information

By Thora Sigurdson We all know that, where applicable, it’s important to take care in drafting confidentiality, noncompetition, and nonsolicitation terms in employment, contractor, and other agreements. A recent case in British Columbia, Cruise Connections Canada v. Cancellieri, reminds us of the value of having a “duty of good faith” clause. It also illustrates how […]

Pyramid

Litigation value: $150,000. This isn’t Hooters, Dwight. Requiring Kathy to flirt with customers is sexual harassment. Additional damages if Todd Packer plays his sexual predator role as well as we suspect he can. “Bloggers are gross. Bloggers are obese. Bloggers have halitosis.” — Dwight Shrute Sticks and stones, Dwight. Sticks and stones. Dwight should be […]