Top 5 employment law stories for 2022: Temporary layoffs related to COVID, mandatory vaccine policy just cause for termination, disconnecting from work and electronic monitoring policies, employment contracts, and secretly tape recording workplace conversations.
Frustration, in the employment law context, describes a situation where ongoing employment has been rendered untenable by an unanticipated change in circumstances beyond the parties’ control.
Employers making dismissal decisions would be best served with employment contracts that grant flexibility in these circumstances with a properly drafted layoff clause. Why? Because the current pandemic has proven that we are not always as prepared as we think we are and must always be prepared for the unexpected.