Canada: Relying On After-Acquired Cause To Set Aside Settlement Agreement

After an employee has been dismissed without cause, an employer can allege cause if misconduct of the employee is discovered after the dismissal – this is “after-acquired cause for dismissal”.

In Dennis v Ontario Lottery and Gaming Corporation 2014 ONSC 3882, the Court found that the after acquired evidence did not amount to just cause for dismissal. The Court refused to set aside the settlement agreement, and held that the employee was terminated without cause.

In […]

By | January 31st, 2015 ||

UK: Cyberbullying – What Should Employers Be Doing About It?

James Major, partner and Corinna Harris, professional support lawyer in Clyde & Co’s London office explain how employers should respond to incidents of work-related cyberbullying.
Many employers have been faced with a situation where an employee has made derogatory comments about a colleague on Facebook, which were posted outside working hours, or a situation where derogatory comments have been made about the company on Facebook or another social media site. It is often difficult to […]

By | January 30th, 2015 ||

United States: Social Media Watch: Illinois Federal Court Lowers Bar For SCA Claims

Social media privacy cases continue to grow under the Stored Communications Act (“SCA”) (see our prior alert on theEhling decision). The SCA provides a private right of action for unauthorized, intentional access of another’s communications held in electronic storage, allowing the plaintiff to recover actual damages, plus any profits made by the violator, in an amount no less than $1,000.

In a recent social media privacy case—Maremont v. Susan Fredman Group, Ltd., No. 10 C7811, […]

By | January 30th, 2015 ||