Lawyers International Network for Employees and Executives (LINEE)

Archives for 2017

LINEE Member Firm Outten & Golden LLP Recognized Among “Best Law Firms” in the U.S. for 2018

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Outten & Golden LLP, a founding law firm member of Lawyers International Network for Employees and Executives (LINEE), has been selected once again in multiple categories in U.S. News & World Report’s Best Lawyers, a US-based peer review.

For 2018, the firm is ranked Tier 1 nationally for Litigation—Labor & Employment, and Tier 1 in New York City for Employment Law—Individuals and for Litigation—Labor & Employment. In addition, Partner Darnley D. Stewart has been selected as 2018 New York City Employment Law – Individuals “Lawyer of the Year”.

Partners Wayne N. Outten, Adam T. Klein, Laurence S. Moy, Justin M. Swartz, Wendi S. Lazar, Tammy Marzigliano, Rachel Bien, Darnley D. Stewart, and David Lopez have been recognized by Best Lawyers®, along with the firm’s Senior Counsel, Lewis Steel. Read more.

The Right of International Employees to Bring Employment Claims in the United States

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For employees who work in or have connections with several different countries, it can be difficult to figure out which country’s laws and courts offer protection in an employment dispute. In some cases, the employee may even have a choice between different jurisdictions.

This factsheet summarizes the key issues involved in deciding what rights or claims an international employee may have in the United States (US). Please note that while many aspects of US employment law are governed by federal laws, many important aspects vary considerably state-by-state. Thus, an employee’s overall position will often depend on the state of employment.

Introduction

In the US, federal, state, and local statutes regulate the employment relationship, as well as common law principles that govern issues related to contracts, torts, and fiduciary duties. The extent to which an employee can bring a claim or have legal protection in the US will depend on the type of claim involved and where the claim is being brought. Read more.

What to Do If You Are Worried about Getting a Bad Reference from Your Last Job

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When you leave a job in difficult circumstances, it can come as a huge relief to be out of a stressful situation. But that relief can be short-lived when you come to applying for a new job and are worried about what will happen when your prospective employer asks for a reference. We set out some guidance that may help you handle the situation.

These days it is very common for an employer to give a basic reference covering job title and dates of employment, whether things end amicably or otherwise. These are so common that a reference like this is unlikely to harm your chances of finding a new job. The bigger the organisation, the more likely that they will have a policy of just giving this sort of reference. So however badly things ended, you might not get the negative reference you are worried about after all.

There’s no obligation on an employer to give a reference, but if they do then the reference should be true, accurate and not misleading. In practice, that’s not tremendously helpful; employers rarely lie, they just say “we think they were useless” or similar. That’s their opinion and it’s difficult to say it’s false. Commonly, the problem is not with the written reference, which may be bland, but if someone telephones your previous employer they may get more information in the call and it is very difficult to get evidence about this. Again, the bigger your former employer, the less likely this is to be a problem; the call is more likely to get directed to HR, who won’t know you personally and who will be less likely to expand on the written reference. Read more.

Freedom of Dismissals Under Italian Statutory Law

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Due to their role as alter ego of the employer, in Italy, executives are subject to different and less protective statutory rules compared to regular employees. This difference is quite evident in the legislation about dismissals.

In fact, while Italian statutory law generally provides that in order to dismiss an employee the employers must prove that they have fair reason to dismiss them, – when it comes to executives the employer is not obliged to provide proof of just cause. This means that, as a rule, executives can be dismissed freely (otherwise referred to as an ad nutum dismissal).

Moreover, if the dismissal is based on a very serious reason which is able to break the “bond of trust” between the employer and the executive (in Italian this concept is referred to as ‘giusta causa’ or ‘just cause’) then the employer is exempt from giving the executive a period of notice and is also exempt with paying the executive a sum in lieu of notice. Read more.

A Clarification on the Termination of Agency Contracts for Sales Agents in Italy

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Currently, Italian Law provides for two very different ways of calculating severance payments for agents. The first method is governed by the Italian Civil Code and the second method is regulated by National Italian Economic Collective Agreements.

The first calculation method, which is governed by the Italian Civil Code, is outlined in Article 1751 – which has been modified by EU Directive 653/1968. This article stipulates that at the moment the employment/agency relation is terminated – the employer must pay the agent/sales representative an indemnity if the following circumstances exist:

  • the agent has provided new customers to the employer or has noticeably developed business with already existing customers in a way that the employer will continue to profit or take advantage of this business after the employment relationship is terminated
  • the payment should be fair, considering the loss of commissions the agent will suffer.

Paragraph 3 of Article 1751 also requires that a Judge will quantify the severance payment, considering the maximum amount possible established by the present article: Read more.

Need to Know: Executive Dismissals in Italy

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When does Italian law govern an employment relationship? When will the Italian courts have the power to hear your employment claim?

The first issue is to consider what the applicable law of your contract is. This is often set out in your employment contract.

Generally, the parties to a contract have the freedom to choose the applicable law, but in reality, it will be the employer that often chooses. That choice will often be the country’s laws that are most favourable and convenient to the employer. Read more.

International Executive & Employee Dismissals in Italy

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International executives and employees who work in, or have connections with, a number of different countries may have difficulties understanding which nations’ laws and courts will offer them the correct protection in case there is an employment dispute.

In some instances, international executives and employees may even have parallel legal protection in a number of different legal jurisdictions simultaneously.

If you travel frequently for your work or are regularly engaged in overseas business – your employment relationship may not be limited to your country of residence. Instead, it may also be tied to the countries where you conduct business as well as to the nation where your employer is headquartered. Read more.

Fair Bonus Treatment for International Executives: Making Sure Everybody Gets Equal Treatment

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Bonuses have become a very important element of how many international executives are paid. Some are guaranteed and paid across the board to all staff; others are discretionary and based on individual performance.

Problems can arise when the criteria for payment of UK bonuses lack transparency or are discriminatory. For international executives who have a sufficient connection with the UK, the UK discrimination laws are there to protect you from detrimental treatment by your employer.

How Can Discrimination Occur?

If your bonus is based on individual performance, it can be directly related to the amount of profit or business that you create. However, you could be prevented from earning that profit or business because of discriminatory treatment by your employer. This could involve being excluded from marketing events with clients or important meetings; being excluded from communications; not being passed new opportunities etc. Read more.