United States: Unfair/ Wrongful Dismissal

Drawing an unexpected parallel between Taylor Swift's sourdough baking journey and workplace performance management, this article explores how the methodical process of creating the perfect loaf mirrors the essential steps employers should follow when implementing employee performance improvement plans. From proper preparation and regular check-ins to allowing adequate time for growth, discover why rushing either process leads to disappointing results.

The National Labor Relations Board has reinstated the General Motors standard for evaluating employee misconduct during protected activity, marking the third decision in the Lion Elastomers case series. This development simplifies how employers must assess discipline decisions by applying the traditional Wright Line framework rather than multiple setting-specific tests. The ruling emphasizes the importance of consistent workplace policies and uniform enforcement of conduct rules across all situations.

California has enacted sweeping new legislation regulating artificial intelligence in employment decisions, from prohibiting fully automated terminations to restricting AI-powered workplace surveillance. These laws establish unprecedented requirements for human oversight, employee notification, and transparency when employers deploy automated decision systems. What do these regulations mean for companies using AI tools to manage their workforce, and how should employers prepare for compliance?

The widespread adoption of remote work has disrupted longstanding assumptions regarding which state’s employment laws govern a particular worker.

When employees organize workplace protests about external political issues, can employers lawfully terminate them for policy violations? A recent NLRB Advice Memorandum examines whether Microsoft's discharge of two employees who protested the Gaza war on campus was protected under the National Labor Relations Act, offering critical guidance on when activism loses legal protection due to insufficient connection to workplace concerns.

A New Jersey employer faces a lawsuit after an AI transcription tool allegedly captured supervisors discussing their preference for a "strapping young man" to replace a terminated female employee. The case raises critical questions about the admissibility of AI-generated evidence in court and highlights the risks employers face when using virtual meeting platforms with automated transcription features.

A Maryland private school faced a high-profile whistleblower retaliation lawsuit after terminating its Chief Financial Officer, who claimed he was fired for reporting discrimination concerns. The case, which drew front-page media attention, threatened the institution's reputation and required a defense strategy that would uncover the truth behind conflicting narratives about performance issues versus retaliation claims.

Delaware Supreme Court decisions issued this year have invoked timing to dismiss stockholder challenges to governance arrangements, with one case finding the dispute unripe and another finding the dispute untimely.

The commercialization of space has transformed employment law from a niche concern into a critical governance issue for private space companies.