UK: A Checklist For Employers Before Letting An Employee Go

Understand All Rights and Obligations
Employees have different rights and obligations depending on their contracts and matters such as their length of employment.

Check the employee’s contract (and related documents, including incentive plans and share schemes) for details about notice period, post-termination restrictions and payments due on termination.

Aside from what’s written into the contract, generally employees who have been employed for 2 years or longer have more legal rights than those who have been employed for […]

By | November 19th, 2014 ||

Australia: Super, death benefits and the trustee’s discretion – real or imagined? The impact of McIntosh v McIntosh

The discretion of the trustee of a superannuation fund to choose the recipient of a death benefit is a core principle of estate planning, particularly where the benefits are in a self-managed superannuation fund.

But the Queensland case of McIntosh v McIntosh [2014] QSC 99 has called this into question.

James McIntosh died with no will, spouse or children, and $450,000 in death benefits in retail superannuation funds.

His mother Elizabeth was appointed administrator of his estate […]

By | November 19th, 2014 ||

United States: Just Say "NO" — To A Zero Tolerance Policy?

Two lawyers who represent employees have responded to our request for comments made in our recent post entitled “Zero Tolerance” And “Broken Windows?”

And for the most part they are not that keen on the idea of a “zero tolerance” policy, for reasons which they describe below.  But they rightly note that the issues raised are complex.

Richard Seymour, a DC-area lawyer:

“I represent employees complaining of sexually or racially hostile environments, as well as employees accused of […]

By | November 19th, 2014 ||