Exploring Procedural Justice | Judge Steve Leben | Texas Appellate Law Podcast
Handling Post-Conviction Death Penalty Cases Pro Bono | McKenzie Edwards | Texas Appellate Law Podcast
Inside the Fourth Court of Appeals’ Clerk’s Office | Michael Cruz | Texas Appellate Law Podcast
Supersedeas and Other Recent Rule Changes | Texas Appellate Law Podcast
Supreme Court Miniseries: Tribal Rights in the 21st Century
SDNY Chooses “Time Approach” to Calculating Lease Termination Damages Collectible Against a Bankrupt Estate
AGG Talks: Home Health & Hospice - Reimbursement Audits and Appeals
After ALJ: Options and Opportunities in the Face of an Unfavorable ALJ Decision
Understanding the SCOTUS Shadow Docket | Steve Vladeck | Texas Appellate Law Podcast
Podcast: The Legal Battle Over Mifepristone - Diagnosing Health Care
Checking in On the 88th Texas Legislature | Jerry Bullard | Texas Appellate Law Podcast
Law Brief®: Rich Schoenstein and New York State Senator Luis Sepúlveda Discuss The Chief Judge Controversy
Appellate Justice for Domestic Violence Survivors
Jury Charges and Oral Argument | David Keltner | Texas Appellate Law Podcast
The Evolution of Texas Appellate Practice| David Keltner | Texas Appellate Law Podcast
Podcast: California Employment News - Time to Do Away With Rounding Policies
Two Federal Courts Deal Blow to Biden Administration’s Federal Student Loan Forgiveness Program: A Close Look at the Decisions
This Am Law 50 senior counsel cements his authority through two appellate analytics blogs - Legally Contented Podcast
An Inside Look as a Juror - FCRA Focus Podcast
Reflections on 100 Episodes | Texas Appellate Law Podcast
On May 20, 2022, in McVey v AtlantiCare Medical System, the New Jersey Appellate Division Panel affirmed the dismissal of an employee’s case holding that her termination was not in violation of the protections afforded to...more
On February 24, 2022, the Fourth Circuit restored a $1,186,975.00 arbitration award for a North Carolina securities wholesaler (“Warfield”) who alleged that his former employer ICON Advisers Inc. (“ICON”) unlawfully fired him...more
A recent California Court of Appeal decision confirms that a California employer may be liable to an at-will employee who relocates to accept a new employment position, when the employer’s description of the kind or character...more
Employees are presumptively deemed to be “at-will” in virtually every state. Recently, the United States Court of Appeals for the Sixth Circuit (which oversees federal courts in Kentucky, Michigan, Ohio, and Tennessee)...more
The Massachusetts Supreme Judicial Court has issued a unanimous opinion in Meehan v. Medical Information Technology, Inc., holding that the termination of an at-will employee for exercising the statutory right of rebuttal to...more
On December 17, 2021, the Massachusetts Supreme Judicial Court (SJC) ruled that an employee discharged for submitting a written rebuttal to his employer in response to the placement of negative information in his personnel...more
On January 20, 2021, an expanded five-judge panel of the Massachusetts Appeals Court issued its opinion in Terence Meehan v. Medical Information Technology, Inc., No. 19-P-1412, and affirmed a lower court decision granting...more
A law firm can terminate an at-will lawyer who refuses to sign an agreement prohibiting them from soliciting the firm’s customers or clients following cessation of employment, according to the Supreme Court of Kentucky. In...more
This month's key employment law cases address the enforcement of arbitration agreements. Diaz v. Sohnen Enters., 34 Cal. App. 5th 126, 245 Cal. Rptr. 3d 827 (2019) Summary: When employee continues his or her employment...more
It is well settled that Indiana is an employment-at-will state, meaning an employer or employee may terminate the employment relationship for any lawful reason. The Indiana Supreme Court, however, recognizes a limited number...more
Formal employment contracts can be for a specific term or may be terminated by one or both parties under certain conditions. When the agreement has no set term or can be ended by either party at any time, it is considered...more
At-will employment is the normal employer-employee relationship in South Carolina. In 2004, the state legislature passed a law stating that handbooks that took certain reasonable steps did not create a contractual exception...more
The 8th Circuit Court of Appeals recently offered a refresher course on contract formation, as applied to employee bonus plans. The employer promised substantial bonuses, payable in five years, provided the eligible at-will...more
A bartender is told by his employer, in violation of state law, that he must share tips with other employees. He refuses to comply and is fired. The state law in question says he can sue for being required to share tips, but...more
Montana is well-known in the employment world for deviating from the employment at-will doctrine. In Montana, employees are protected under the Wrongful Discharge from Employment Act (WDEA), which provides that an employee’s...more
A recent decision from the Sixth Circuit Court of Appeals highlights the distinction between firing an employee for personal or politically expedient reasons (which may be entirely legal) and firing an employee because of his...more
The Supreme Court of Virginia, in Francis v. National Accrediting Commission of Career Arts & Sciences, Inc., No. 160267 (Feb. 23, 2017), reaffirmed that the public policy exception to Virginia’s employment at-will doctrine...more
Employee handbooks have long been a trap for the unwary employer that desires merely to establish a set of rules and policies without undermining an at-will employment relationship with its employees. To avoid establishing...more
Most jurisdictions, including Connecticut, recognize a tort of “wrongful discharge” as an exception to the principle of employment at will. Although employment at will generally allows either the employer or the employee to...more
Texas and many other states in the South have passed state laws in recent years restricting employers from terminating employees who keep their lawfully-licensed concealed handgun locked in their vehicle. For the most part,...more
The far-reaching implications of this decision could change the existing franchise business model. Is a franchisor a statutory employer of its franchisee’s employees? The Workers’ Compensation Appeals Board thinks so,...more
Robert Swindol brought his gun to work . . . kind of. He parked his car in the Aurora Flight Services parking lot with his firearm locked inside. Aurora’s mangers learned about the firearm and fired Swindol that day for...more
As with most states, South Carolina recognizes an exception to its general employment at-will doctrine. Employers may terminate employees with or without cause, but not for any reason that violates the state’s public policy....more
In Bontempo v. Lare, 2015 WL 4658901 (2015), published on August 6, 2015, the Maryland Court of Appeals affirmed that the "reasonable expectations test," previously articulated by the Maryland Court of Special Appeals in...more
In the last issue of The Fast Laner, we reported that the Illinois Court of Appeals, Third District, followed Fifield v. Premier Dealer Servs. and held that, in the absence of other consideration, continued at-will employment...more