At-Will Employment

News & Analysis as of

Nigeria: Part II

This article is the second in a series which provides an overview of the basics of employment law in Nigeria and will focus on laws governing employment terminations, including wage and hour, termination, restrictive...more

Canada Labour Code Does not Grant Non-Unionized Employees a "Right to the Job"

In Wilson v. Atomic Energy of Canada Limited, 2015 FCA 17 ("Wilson"), the Federal Court of Appeal (FCA) made a game-changing decision when they unanimously found that without-cause dismissals of non-unionized employees are...more

No Fault Employment?

The divorce metaphor bears fruit yet again when it comes to the employment relationship. To this mix I add the concept of “no fault” divorce and the reasons employment ends. A “no fault” divorce permits a spouse to end a...more

Is An Offer Of At-Will Employment Adequate Consideration For A Non-Compete? Recent Court Rulings Split Three Ways

Three very recent decisions reflect the irreconcilable division of judicial authority regarding the adequacy of at-will employment as the sole consideration for an otherwise valid non-compete. Compare (a) Standard Register...more

Ah, Social Media: Blurring the Lines Between Work Life and Personal Life

Andy Warhol is quoted as saying, "In the future, everyone will be world-famous for 15 minutes." How prophetic you were Andy. These days a single post on social media can travel around the world faster than you can say Snap...more

Wisconsin Supreme Court: Continued Employment Is Lawful Consideration for a Non-Compete

On April 30, 2015, the Wisconsin Supreme Court took a stand on a hot-button for employers by holding that continued at-will employment is legal consideration that will support a reasonably drafted restrictive covenant signed...more

Hold Your Fire: Tennessee Bars Employers from Terminating Employees for Complying with ‘Guns-in-Trunks’

Earlier this month, Tennessee Governor Bill Haslam signed a law prohibiting employers from firing employees for complying with the state’s “guns-in-trunks” statute. The new law creates another exception to Tennessee’s...more

Seller of Business is Special Circumstance That Justified Termination Following Expiration of Contract

When a small business is sold, the purchaser often agrees to hire the former owner. The buyer wants to retain the seller’s expertise and experience, and the salary paid to the seller can make up part of the purchase price....more

Guns on Company Property: Think Twice Before Taking Action

In the latest round of gun law regulations, Governor Bill Haslam has signed an amendment to Tennessee's "Guns in Trunks" law. The amendment allows employees to sue their employers if they are disciplined or fired for storing...more

2015 Employment Law Issues Tournament: First Round Results and Recaps

This past weekend, while college basketball teams across America finished up their conference tournaments, 64 employment law issues played in the first round of our tournament, and boy did it live up to the hype. Filled with...more

South Carolina Does Not Protect Employee Against Discharge for Reporting Crime to Police

Like most states, South Carolina recognizes a limited exception to its at-will employment doctrine. South Carolina employees can sue their employers for wrongful discharge if the reason for termination violates state public...more

You Should Know - March 2015

In This Issue: - Too Pretty, Too Bad - Employee Rights - Employment Quiz - Excerpt from Employee Rights: Know Your Employment Rights: Discrimination, Harassment and the At-Will Employee Should a...more

Another Exception to Employment At-Will

Virginia is known as a stalwart adherent to the doctrine of employment at-will. The courts in Virginia have long recognized that the employment relationship is for an indefinite term and may be terminated for any reason or...more

Employment at Will Comes with Many Exceptions

Kentucky employment law generally recognizes that most employment is “at-will” – meaning, employees serve at the pleasure of the employer, and termination of an employee does not require “just cause.” ...more

Fifield Update: Two Federal District Courts Conclude That The Illinois Supreme Court Will Ultimately Reject Fifield's Two-Year...

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

Illinois Federal Court Rejects Bright-Line Rule on Consideration Needed for Competition Restrictions

On February 6, 2015, the U. S. District Court for the Northern District of Illinois in Chicago rejected the bright-line rule, created by the Illinois Appellate Court in the often maligned Fifield v. Premier Dealer Servs.,...more

Illinois Courts Continue To Apply Fifield; Employers Should Closely Examine Non-Competes To Ensure Enforceability

In 2013, the Illinois Appellate Court issued a decision, Fifield v. Premier Dealer Servs., Inc., which held that the promise of at-will employment was insufficient consideration to support an otherwise enforceable non-compete...more

2015 Virginia Employment Law Pocket Guide

In this Guide: - Employment At-Will - Right to Work - Employment of Children - Restrictive Covenants in Employment Contracts - Virginia Human Rights Act - Virginians with Disabilities...more

New Year’s Resolution for Missouri Employers: Arbitration Agreements In Light of Jimenez v. Cintas Corporation

Still looking for a New Year’s resolution? The Missouri Court of Appeals rang in 2015 by refusing to enforce an arbitration agreement between an employer and an employee. The decision continues the robust trend in Missouri of...more

Utah Supreme Court Confirms Employee Handbook Disclaimer Can Protect Utah Companies from Implied Contractual Claims

A recent Utah Supreme Court decision drives home to companies with employees in Utah that a clear and conspicuous disclaimer in a prominent point of an employee handbook goes a long way to protecting the company from any...more

Illinois Supreme Court Reaffirms Narrow Scope of Retaliatory Discharge Cause of Action

Last week, the Illinois Supreme Court reaffirmed the principle that retaliatory discharge is a narrow exception to the general doctrine of at-will employment under Illinois law. Unanimously reversing the Fifth District of the...more

Keine Altersdiskriminierung durch nach Betriebszugehörigkeit gestaffelte Kündigungsfristen

Die vom Arbeitgeber einzuhaltende gesetzliche Kündigungsfrist des § 622 Abs. 1 BGB beträgt vier Wochen zum Fünfzehnten oder Ende eines Kalendermonats und verlängert sich gemäß § 622 Abs. 2 Satz 1 BGB bei längerer...more

Got an Outdated Employee Handbook? Update Now!

What Employer doesn’t have an Employee Handbook with the requisite at-will language to defeat implied contract claims? So 1990’s. It’s 2014… Time to Update these HOT Employment Areas...more

Missouri Supreme Court Redefines Adequate Consideration for Enforcing Arbitration Agreements

Continued at-will employment is no longer sufficient consideration to enforce arbitration provisions in Missouri. In Baker v. Bristol Care, a recent decision of the Missouri Supreme Court, a slim majority of the Court struck...more

The Latest From The NLRB On Employment-At-Will Policies

Just two years ago, employers weren’t terribly worried about the approach the National Labor Relations Board (NLRB) took toward employment-at-will policies. True, the board did seem to signal at the time that it might...more

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