At-Will Employment

Do You Know the Seven Factors That Comprise "Just Cause"?

by David Froiland | Foley & Lardner LLP on 5/21/2013

The “just cause” standard has long been a cornerstone of traditional labor law (under many collective bargaining agreements, employees generally cannot be discharged except with “just cause”). However, the standard also has...more

The Board Plays On: The NLRB Clarifies Its Position on At-Will Disclaimers

by Alyesha Asghar Dotson | Spilman Thomas & Battle, PLLC on 5/21/2013

In 2012, the National Labor Relations Board (NLRB) set the business community atwitter when an administrative law judge in American Red Cross decided that an at-will disclaimer in an employee handbook violated the National...more

International Dismissal Toolkit: Individual Employment Terminations and Reductions-in-Force Outside the United States

by Donald C. Dowling, Jr. | White & Case LLP on 5/16/2013

Firing an employee in the United States can be a challenge. Group firings—reductions in-force — can be an even bigger challenge. And from the point of view of a multinational headquartered in the United States, overseas...more

by Michael Kelsheimer | Looper Reed & McGraw, P.C. on 5/10/2013

What does “at-will” employment mean: You might be inclined to think that it means that employees serve at the will of the master, or at the master’s pleasure. While this historically makes sense, “at-will” employment is...more

What is “At Will” Employment?

by Mitchell | Gilleon Law Firm on 4/25/2013

Barbara Casey has filed suit against Home Box Office Inc. (HBO), Stewart Productions LLC, and her former employer, the American Humane Association (AHA), alleging wrongful termination. Ms. Casey was a consultant with the AHA...more

Employee Wrongfully Terminated for Refusing to Engage in Criminal Copyright Infringement

by Anjali Shankar | Winthrop & Weinstine, P.A. on 4/15/2013

Adam Young worked for an architecture firm, Nortex Foundation Designs Inc. in Fort Worth Texas as a drafter. He was hired in 2001 and designed foundation plans based on copyrighted architectural designs that Nortex provided...more

New Exception To Employment At-Will In Oregon

by Michael C. Jacobson | XpertHR - Partnered with LexisNexis on 3/19/2013

Oregon employers should immediately tailor their job offer and onboarding practices to reflect a new ruling by the Oregon Supreme Court, which carved out an exception to the employment at-will doctrine....more

Employment Flash - February 2013

by Skadden, Arps, Slate, Meagher & Flom LLP on 2/26/2013

In This Issue: - Ohio Supreme Court Reverses Decision on Surviving Merger Entity’s Ability to Enforce Noncompetition Agreements - “Sweet” Decision for California Employers: Court Approves Time Rounding in Case...more

The National Labor Relations Board 2012 Year in Review

by Bruce Bagley, Adam Santucci | McNees Wallace & Nurick LLC on 2/20/2013

Introduction - Wow, 2012 was quite the year for the National Labor Relations Board (“Board”)! Last year, we discussed the Board’s agenda, which at the time we described as aggressive, but with the benefit of hindsight,...more

The Top 20 Employer Myths

by Kelly Scott | Ervin Cohen & Jessup LLP on 2/18/2013

The celebration of the 20th anniversary of the Employment Law Reporter, one of the longest running employment law newsletters in the State of California, continues with our take on the top 20 employer myths. Join the...more

NLRB Gets Busy – Part 2 NLRB Incursion Into Non-Unionized Workplace

by Michelle Bush, Charles Einsiedler, Jr. | Pierce Atwood LLP on 2/12/2013

In January, we told you about recent activity by the National Labor Relations Board that overturned or departed from settled precedent. As promised, in Part 2 of this Alert series we summarize recent decisions where the...more

Fenwick Employment Brief - January 2013

by Dan Ko Obuhanych, Michael A. Sands | Fenwick & West LLP on 1/17/2013

In This Issue: *FEATURE ARTICLES - New Pregnancy and Disability Regulations for California Employers - Washington Federal Court Declines to Uphold Broad Non-compete Restrictions Against California...more

NLRB Issues New Guidance on At-Will Disclaimers

by H. Ellis Fisher | Ogletree, Deakins, Nash, Smoak & Stewart,... on 1/10/2013

The Office of the General Counsel (GC) of the National Labor Relations Board (NLRB or Board) recently issued two advice memoranda that shed some light on the legality of employers’ “at-will” disclaimers in employee handbooks...more

Education Update, No. 1, January 2013: Employment Contracts – Who Needs Them And What Needs To Be In Them?

by Suzanne Bogdan | Fisher & Phillips LLP on 1/7/2013

As indicated in the companion article written by Candice Pinares-Baez, January begins the hiring season for most schools. Job fairs, conferences, and recruiting are in full force. It is also the time to take a look at your...more

SuperVision Today - 4th Quarter 2012

by R. Scott Adams, Alyesha Asghar Dotson, Eric W. Iskra, Eric E. Kinder | Spilman Thomas & Battle, PLLC on 12/26/2012

In This Issue: - Notes from the Chair & Executive Editor - How do you maintain at-will employment if you can't tell anyone? - Update on Class Actions Following Dukes v. Wal-Mart - Important Employer-Related...more

Fourth Circuit Reverses Decision Holding Employer's Promise Not to Retaliate Modified At-Will Employment, Rejects Breach of...

by Nancy N. Delogu, Steven E. Kaplan | Littler on 12/17/2012

On November 27, 2012, in Scott v. Merck & Company, Inc., the U.S. Court of Appeals for the Fourth Circuit reversed a jury verdict of more than $500,000 in favor of Jennifer Scott, a former Merck & Co., Inc. employee. The...more

Do Employers Need Policy Reviews Following The Election?

by John J. Coleman, III | Burr & Forman on 12/12/2012

The election is over, so now what? Elections have consequences, and the consequence of this election for employers' employment policies is breathtaking. Have an arbitration policy? It is likely unenforceable. Rules protecting...more

NLRB Advice on Lawful Employment At Will Provisions Under the NLRA

by Judy K. Jetelina, James H. Kizziar Jr. | Bracewell & Giuliani LLP on 12/8/2012

On October 31, 2012, the National Labor Relations Board (NLRB) Office of General Counsel (G. C.) issued two Advice Memoranda clarifying whether employment at-will language in an employee handbook, applications or other...more

Labor Law Developments That Apply To You Even Though You Think They Don't

by John W. Hargrove | Bradley Arant Boult Cummings LLP on 12/3/2012

To Our Nonunion Clients - Most of our clients have nonunion workforces, a fact which reflects the limited union presence in this country generally. However, just because your company is nonunion does not mean that it is...more

How do you maintain at-will employment if you can’t tell anyone?

by Alyesha Asghar Dotson | Spilman Thomas & Battle, PLLC on 11/21/2012

While two recent memoranda from the National Labor Relations Board (“NLRB” or “the Board”) have helped clarify the Board’s position, employers remain rightfully troubled by the NLRB’s position that having employees...more

The Times They Are a-Changin’: What Employers Need to Know Now About Legislative Developments, NLRB Activities and the EEOC’s...

by Lane Powell PC - Labor & Employment Law on 11/19/2012

Prompted by many inquiries from employers about recent significant developments in workplace laws, Lane Powell provides the following overview on the Marriage Equality Act and the recreational marijuana initiative passed by...more

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At-Will Employment

Do You Know the Seven Factors That Comprise "Just Cause"?

The Board Plays On: The NLRB Clarifies Its Position on At-Will Disclaimers

International Dismissal Toolkit: Individual Employment Terminations and Reductions-in-Force Outside the United States