United States: Termination Of Employee For Engaging In Outside Work While On FMLA/CFRA Upheld, But "Honest Belief" Standard Not Addressed

In Richey v. AutoNation, Inc., the California Supreme Court held that an arbitrator committed no legal error when he determined that an employer lawfully terminated an employee for engaging in outside employment while on FMLA/CFRA leave, but declined to adopt the arbitrator’s reliance on the “honest belief” defense.

Avery Richey was employed by Power Toyota, part of the AutoNation consortium of automobile dealerships, since 2004. In February 2008, Richey opened a seafood restaurant while working […]

By | February 19th, 2015 ||

Canada: Federally Regulated Employees Do Not Have Just Cause Protection

A recent decision of Canada’s Federal Court of Appeal has provided clarity to a decades-long debate as to whether non-unionized, federally regulated employees can be terminated without cause. The genesis for the debate lies in the wording of the Canada Labour Code which allows an employee to make a complaint where the dismissal is “unjust”. The case law has been divided on this issue, with some adjudicators interpreting this as providing just cause protection.

Most […]

By | February 19th, 2015 ||

United States: Maryland Court Signals The State's Wage Payment And Collection Law Is A "Strong" Public Policy And An Out-Of-State Employer's Choice Of Law Provision Will Not Likely Be Enforceable

On January 27, 2015, the Maryland Court of Appeals in Cunningham v. Feinberg stated in dicta that the Maryland Wage Payment and Collection Law (“MWPCL”) reflects a “strong” public policy of Maryland and urged Maryland courts to hold that future out-of-state employer’s choice of law provisions contained in employment agreements be held unenforceable under state law.  In doing so, the Maryland Court of Appeals expressly rejected several contrary holdings, including the U.S. Court of […]

By | February 18th, 2015 ||