United States: Maryland Court Of Appeals Holds That Inclusion Of Permissive "Termination For Cause" Provisions Negates Presumption Of At-Will Employment And Creates "Continuous For-Cause" Contract

In a recent decision, Spacesaver Systems, Inc. v. Adam, — A.3d —-, No. 98, 2014 WL 4216024 (Md. Aug. 27, 2014) (“Adam”), the Maryland Court of Appeals was “asked to re-examine the contours of the firmly established doctrine of at-will employment.” Adam, 2014 WL 4216024, at *1. Specifically, petitioner Spacesaver Systems, Inc. (“SSI”) asked the Court “to determine if a written contract containing a for-cause provision but no definite term of employment exists as […]

By | October 16th, 2014 ||

Belgium: New Collective Bargaining Agreement Regarding Outplacement In Joint Committee 218

On 10 July 2014, the Additional Joint Committee for Employees (Aanvullend Paritair Comité voor Bedienden/Commission Paritaire Nationale Auxiliaire pour Employés) (also referred to as the Joint Committee 218) adopted a Collective Bargaining Agreement concerning the right to outplacement for some employees (CAO betreffende het recht op outplacement voor sommige bedienden/CCT relative au droit au reclassement professionnel pour certains employés) (the “CBA”).

The right to outplacement for dismissed employees had been broadened by the Law of […]

By | October 14th, 2014 ||

Canada: Quick Fixes: How To Avoid Prosecution Under The Employment Standards Act, 2000

Most of the time it only takes a couple of tweaks to ensure your company avoids getting fined for violating the Employment Standards Act, 2000 (“ESA”).

What gets employers in trouble most often? According to the Ministry of Labour (“MOL”), most complaints and violations of the ESA relate to overtime pay, vacation time/vacation pay, deductions from wages, and payments due on termination. Between 2007-2013, the MOL investigated over 100,000 complaints and launched over 11,000 targeted […]

By | October 14th, 2014 ||