The U.S. 4th Circuit Court of Appeals (which covers Maryland, North Carolina, South Carolina, Virginia, and West Virginia) recently issued a published decision on an employer’s second appeal of a judgment in favor of its former employee on claims of breaching an employment agreement and misappropriating trade secrets under the Maryland Uniform Trade Secrets Act […]
Tag: employment contract
Arbitration is a creature of agreement, and no right or obligation to arbitrate exists without a mutual agreement. Is an electronic acknowledgement on an employer’s web platform enough to prove the agreement?
Most employers have some type of handbook to outline policies and expectations and keep everything in one place for employees to reference. However, not all employers ask employees to sign an acknowledgment form; it’s often viewed as an extra unnecessary step because employees already have the information they need.
A federal court in Louisiana recently addressed the legal consequences of mixing work and pleasure in a case in which a company’s HR manager alleges she felt obligated to have sex with one of her superiors.
It should not be surprising that in California, prominent court cases involve the entertainment industry at times. In my last EntertainHR blog post, I discussed the 2006 California Supreme Court’s decision in Lyle v. Warner Brothers Television Productions, where the court held that within the adult-oriented situation comedy Friends writers’ room, conduct that might otherwise […]
by J. Alexandra MacCarthy In Canada, the legal effect of a probationary clause in an employment contract can be unclear depending upon the facts of the particular case. The Supreme Court of British Columbia recently addressed probationary clauses in employment contracts in Ly v. British Columbia (Interior Health Authority), 2017 BCSC 42. The plaintiff (PY) […]
by Olivier Lamoureux A Québec court recently ruled that there was no constructive dismissal arising from the sale of a business to a smaller third-party purchaser for whom a manager refused to work. The Quebec Court of Appeal in the Boulad case (2108805 Ontario inc. c. Boulad, 2016 QCCA 75) overturned a lower court decision […]
Taylor Swift’s complaint that a DJ grabbed her derriere while a photograph was being taken before a concert has led to a federal lawsuit. The DJ claims he got a bum wrap (pun intended) and that it was actually someone else at the radio station who groped the singer. Now the DJ’s got bad blood […]
by Bonny Mak Waterfall and Rachel Younan When a Canadian employer transfers its employee to a non-Canadian entity, is it still on the hook for wrongful dismissal damages? Recently, an Ontario court declined to hear a civil action claiming wrongful dismissal damages from an employee who was transferred to a United States subsidiary of a […]
By Thora A. Sigurdson In Sciancamerli v. Comtech (Communication Technologies) Ltd., 2014 BCSC 2140, a specialized salesperson was terminated without cause after 10 months’ service. He sued for wrongful dismissal. At trial, the main issues were the length of notice for a short-term salesperson and his entitlement, if any, to commission payments during the notice […]