Does Denial Of A Lateral Transfer Violate Title VII? In Some Cases, Yes, Says D.C. Circuit

The federal courts in D.C. have long held that denial of a lateral transfer does not violate Title VII for the reason that, unlike where a promotion is denied, there is no adverse employment action when an employee is denied a purely lateral transfer. A panel of the D.C. Circuit recently decided otherwise where the employee proffered evidence that the employer’s discriminatory denial of his lateral transfer request would have an “adverse impact on […]

By | October 27th, 2017 ||

Canada: Court Of Appeal Strikes Down Yet Another Termination Clause

Recent Ontario court decisions have not been kind to employers seeking to limit employees’ termination entitlements through use of contractual language. Seemingly any imperfection in drafting, no matter how slight, has been relied on to hold the clauses invalid.

In March, for example, the Ontario Court of Appeal confirmed that where a termination clause provides less than any one of the minimum entitlements on termination called for in the Employment Standards Act, 2000(“ESA”), it is unenforceable […]

By | October 24th, 2017 ||

How To Structure Global Mobility Assignments, Expatriate Postings And Cross-Border Secondments

Because multinationals by definition operate internationally, they often post staff overseas. In structuring overseas postings, multinationals inevitably struggle with the interplay between expatriate assignment strategy and the legal ramifications of a particular foreign posting. Legal issues in play in structuring an expatriate assignment go beyond the need for a visa, and include compliance with payroll laws, employment laws and “permanent establishment” (corporate tax presence).

Multinationals sometimes jump to the conclusion that there must be one […]

By | October 20th, 2017 ||