United States: Unfair/ Wrongful Dismissal

California lawmakers have advanced legislation that would prohibit employers from using automated systems as the sole basis for terminating or disciplining workers. The bill, which awaits the governor's signature, represents one of the most comprehensive state-level attempts to regulate AI in workforce management, requiring human oversight of algorithmic decisions and mandating transparency about which digital tools influence employment outcomes.

Managing employee performance effectively requires more than business acumen—it demands careful attention to legal risk at every stage. From setting clear expectations to documenting feedback and applying discipline consistently, each decision can either strengthen an employer's position or create costly litigation exposure. Understanding how to navigate performance issues while minimizing legal vulnerabilities is essential for protecting both the organization and its workforce.

When an executive leader leaves their employer, negotiating a severance package can be a sensitive endeavor. If that executive is a potential whistleblower, the severance negotiations take on even greater importance.