Several years ago, we started seeing the trend of “quiet firing” (often in tandem with “quiet quitting”) emerge. And while the headlines may have slowed, the practice has not, despite the serious legal risks it entails. Many managers are drawn to the concept—indeed, most people do not enjoy confrontation, particularly something as difficult as an employee termination. Yet, while the practice may feel less awkward in the short term, its long-term consequences can be significant, including an organization’s inability to successfully defend against discrimination and retaliation claims.

Best Lawyers® announced today that Lawrence & Bundy had been selected for inclusion in the 2025 edition of Best Law Firms®. The firm received a national ranking in commercial litigation and several regional rankings, including commercial litigation, employment law – management, litigation-labor and employment, and mass tort litigation/class actions for another consecutive year. 

This article was written by Allegra Lawrence-Hardy and Maia Taylor and originally appeared in Corporate Compliance Insights.

The 2024 general election has garnered a range of views from across the political spectrum, views that many employees voice on their respective social media platforms and that some employees may choose to voice in offensive or even hateful ways.

Lawrence & Bundy congratulates Allegra Lawrence-Hardy, Lovita Tandy, and Lisa Haldar on their inclusion in Benchmark Litigation 2025, a recognition given to preeminent litigation practitioners in the United States. 

The next United States Supreme Court term begins on October 7, with several cases on the Court’s docket that will likely affect both private and government employers. We will monitor these cases for updates and additional employer-related cases the Court adds to its docket this term (it will continue adding cases through the early part of 2025). For now, here is a preview of the cases we will be watching on behalf of employers this term:

On August 20, 2024, the District Court for the Northern District of Texas, in Ryan LLC v. FTC, set aside the Federal Trade Commission’s (“FTC”) rule banning noncompete agreements. Unlike the court’s limited preliminary injunction issued last month, yesterday’s order applies to all employers nationwide. Accordingly, the FTC’s noncompete ban will no longer be effective on September 4, 2024. An FTC spokesperson said the agency is seriously considering an appeal, and that the decision does not prevent the FTC from addressing noncompetes through case-by-case enforcement actions.

Lawrence & Bundy is pleased to congratulate nine of its attorneys who are recognized in the 2025 edition of Best Lawyers in America®, which was published today.

In a victory for employers committed to diversity, equity, and inclusion, the U.S. Court of Appeals for the Seventh Circuit rejected an employee’s claim that he suffered a retaliatory termination after refusing to complete unconscious bias training—training designed to improve workplace inclusiveness.

Today, the Eastern District of Pennsylvania denied a request for a preliminary injunction to enjoin the FTC’s final nationwide noncompete ban rule (ATS Tree Services, LLC v. FTC). The Eastern District of Pennsylvania is now the second court to rule on the FTC’s noncompete rule. The first was the Northern District of Texas in Ryan LLC v. FTC, where the court issued only a limited injunction applicable to the named plaintiffs. Accordingly, no nationwide injunction against the FTC rule currently exists and the rule's September 4, 2024, effective date remains intact. Employers should nevertheless follow these cases for further developments, particularly the Texas case, as the district court has indicated it intends to make a final decision on the merits by August 30, 2024.

Today, in two consolidated cases, Loper Bright Enterprises v. Raimondo and Relentless, Inc. v. Department of Commerce, the United States Supreme Court held that courts may no longer defer to an agency interpretation of law simply because the law is ambiguous, overruling Chevron v. Natural Resources Defense Council, 467 U.S. 837 (1984), and signaling what will likely be a dramatic shift in how federal agencies regulate workplace rules.