United States: Unfair/ Wrongful Dismissal

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.

The U.S. District Court for the Central District of California, applying California law, held that an employment practices liability insurer owed no duty to defend a qui tam action alleging prevailing-wage violations...

A Texas Business Court ruling examines when oral conduct can override written contractual requirements, particularly focusing on nonwaiver clauses and the interpretation of undefined contract terms like 'books and records.

Accommodation is not a free pass from discipline or termination. In Lewis v. Indiana Department of Transportation, No. 25-1776 (7th Cir. April 22, 2026), the Seventh Circuit reaffirmed...

On April 21, 2026, the Ninth Circuit Court of Appeals affirmed the National Labor Relations Board’s (“Board”) issuance of bargaining orders in Cemex Construction Materials Pacific, LLC v. NLRB.

When does an attorney’s conduct cross from protected legal services into unprotected business advice? A recent opinion from the Fifteenth Court of Appeals...

On November 6, 2025, the U.S. Court of Appeals for the Eighth Circuit issued a decision that bolsters employers' authority to restrict employees from displaying politically...

Following back and forth amendments between the Lords and Commons, on 27 November the Commons gave way and agreed that the Employment Rights Bill...

On November 19, 2025, the California Court of Appeal, Second Appellate District, Division Eight, issued a published decision in Brown v. Dave & Buster's of California...