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Insight
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April 1, 2021

‘Cause We’re Still Living – At Appropriate Distance – in a World of Fools (Spanning the Globe Because You Still Can’t)

Easing out of hibernation this year, we divert attention from harrowing events purely on the domestic front by shining a light on odd employment and legal stories worldwide, plus Alabama.

ASAP
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March 31, 2021

Ontario, Canada Superior Court Determines Employee Misconduct Did Not Justify Dismissal for Cause Without Notice

In Czerniawski v. Corma Inc., 2021 ONSC 1514, the Ontario Superior Court of Justice concluded that a long-term employee’s misconduct did not justify dismissal for cause without notice. The court awarded 19 months’ common law reasonable notice.

ASAP
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March 31, 2021

Hold the Phone: Employees Can Bring Common-Law Wrongful Discharge Claims in Oregon for Seeking Legal Advice About Their Employment

On March 3, 2021, in Rohrer v. Oswego Cove, LLC, the Oregon Court of Appeals reversed the lower court’s dismissal of an employee’s common-law wrongful discharge claim for seeking legal advice about her employment.

ASAP
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March 26, 2021

Illinois Imposes New Criminal History Check Requirements on Employers

On March 23, 2021, Governor J.B. Pritzker signed a bill (SB1480) that amends the Illinois Human Rights Act (IHRA) to, among other things, impose new requirements on employers that perform criminal history checks on their employees.

Insight
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March 25, 2021

Form U5 Defamation Claims on the Rise at FINRA: Be Prepared!

Form U5 defamation cases are on the rise, with a reported 24% increase over the filing period from 2019 to 2020. Firms should take certain proactive steps to fully understand their duties, reduce risk, and avoid costly litigation.

ASAP
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March 25, 2021

Ontario, Canada Superior Court Deems Employee's Pregnancy an Important Factor in Assessing Reasonable Notice Period for Dismissal

In Nahum v. Honeycomb Hospitality Inc., 2021 ONSC 1455, the Ontario Superior Court determined that an employee’s pregnancy should impact the calculation of her reasonable notice period for dismissal.

ASAP
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March 24, 2021

The Netherlands: When does the prohibition against termination during sickness apply?

In the Netherlands, employers are generally prohibited from dismissing sick employees in the event of a reorganization, even if those employees are eligible for dismissal based on the reflection principle.

Insight
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March 23, 2021

The American Rescue Plan Act Includes Required COBRA Subsidy

On March 11, 2021, President Biden signed into law the American Rescue Plan Act (ARPA). The law contains various provisions that impact employers, including a new COBRA subsidy.

ASAP
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March 22, 2021

Dutch Court Ruling Shows a Fight is a Two-Way Street

The Dutch Court of Appeal recently addressed damages owed in a dismissal action where both the employer and employee acted with serious culpability.

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