News & Analysis as of

At-Will Employment

How to Craft an Employee Handbook Outside the United States or Whether to Issue One at All

by Littler on

Most all major U.S. employers, and many smaller ones, have issued and periodically update employee handbooks—staff guides explaining how the organization’s particular workplace works. U.S. human resources experts almost...more

Time To Get Back To Work After Hurricane Irma – Part I

by Fox Rothschild LLP on

Hurricane Irma did a number on South Florida and the Keys and while many people have no power and damage (myself included), we are all getting back to work. Over the next few days I’m going to focus my posts on post-Irma...more

Neo-Nazi in Your Workplace? Tread Carefully Before Taking Action

by Foley & Lardner LLP on

We live in an unfortunate time in which white nationalists and neo-Nazis are receiving a great amount of publicity. In the aftermath of this month’s events in Charlottesville, Virginia we are likely to see additional rallies,...more

Wisconsin Court Overturns $2.2 Million Jury Verdict in Favor of Former Doctor, Finding His Employment-at-Will Agreement Was Not...

by Littler on

The Wisconsin Court of Appeals recently reaffirmed long-standing precedent holding that employment-at-will agreements may not be modified by a policy or procedure unless it contains an express provision demonstrating that the...more

Before You Fire That Political Extremist . . .

If you’re a private sector employer, you can generally fire an at-will employee for his or her political beliefs or expression. The First Amendment, as we discussed last week, does not limit you. Depending on where you are,...more

How Not to Fire: Lessons from President Trump for Employers.

Firing an employee does not usually make national headlines, but the recent firing of FBI Director James Comey by President Donald Trump was a notable exception. The headlines continued when President Trump appeared to offer...more

Making Sure Your At-Will Employees Remain At-Will

Almost every state, including Connecticut, recognizes the doctrine of employment-at-will, meaning that in the absence of a contractual provision to the contrary, the employer or the employee can terminate the employment...more

Wisconsin Appellate Court Holds Management Policy Does Not Negate At-Will Employment Relationship

by Hinshaw & Culbertson LLP on

At-will employment is the default rule in Wisconsin. Employers may terminate for any reason or no reason at all. However, that relationship can be overridden by contract, in some cases inadvertently, through employee...more

Court Rules Decisively in Battle Between eDiscovery Providers Over Hired Sales Agents: eDiscovery Case Law

by CloudNine on

In a lawsuit filed by DTI against LDiscovery and four former sales agents of DTI who were hired by LDiscovery, claiming they misappropriated trade secrets, interfered with client relationships and breached their contracts, an...more

How To Avoid Wrongful Termination Lawsuits In Michigan

by Fraser Trebilcock on

In Michigan, employment is usually considered to be “at-will”. This means that either an employer or employee may decide to terminate employment at any time, with no reason needed. There are, however, a few exceptions to the...more

White House Gone Wild!

by FordHarrison on

These days, just about anyone with an Internet connection and some time on their hands enjoys a wonder of the modern age: binge-watching. One of the first, and still one of my favorites, is Netflix’s House of Cards. No matter...more

Avoiding Illegal Termination of Employees in Nevada

by Dickinson Wright on

One of the many challenges for employers is that, occasionally, employees must be terminated. Unfortunately, sometimes those former employees claim to have been terminated illegally, giving rise to the risk of legal and...more

California Court Refuses to Shelve Barnes & Noble Manager’s Termination Claim

by Zuckerman Spaeder LLP on

An employee without an employment contract is typically deemed to be an at-will employee. In an at-will employment relationship, the employer has the right to terminate the employee for any reason, with or without cause....more

Pennsylvania Court Rules That Switch To At-Will Work Doesn’t End Restrictive Covenant

On April 19, 2017, a Pennsylvania appeals court ruled that conversion to at-will employment after the end of a contract does not relieve employees of a non-solicitation provision. This opinion overturns a trial court decision...more

Simplifying Employee Performance Feedback Documentation

by Nexsen Pruet, PLLC on

Employers are familiar with the importance of documenting performance problems. Performance documentation is a critical part of managing employees, providing feedback, and creating a record for promotion or position changes,...more

Virginia Supreme Court Refuses to Expand Bowman Doctrine for Wrongful Termination of an At-Will Employee

by FordHarrison on

In Bowman v. State Bank of Keysville, the Virginia Supreme Court first recognized an exception to the employment at-will doctrine based upon an employer’s violation of public policy in the discharge of an employee. In...more

Conversion to At-Will Status Does Not Void Restrictive Covenant, PA Court Holds

by Ballard Spahr LLP on

Non-solicitation covenants contained in two expired employment agreements were still in effect even after the employees in question were converted to "at-will" status and later terminated, the Pennsylvania Superior Court has...more

For Your Consideration: Recent State-to-State Developments on Sufficient Consideration for Employee Non-Compete Agreements

The various laws, statutes, and policies governing non-compete agreements are nuanced, inconsistent, and sometimes downright contradictory from state-to-state. The issue of consideration is no different. Like other...more

What Does “At Will” Employment Really Mean?

by Shipman & Goodwin LLP on

Years ago, I recall having a friendly conversation with another attorney in Connecticut where the topic turned to the notion of “At Will” employment. When we couldn’t settle on an answer, we moved on to talking about...more

Brooklyn Supreme Court Recognizes Private Right of Action for Not-for-Profit Employees under New York Nonprofit Revitalization Act...

Not-for-Profit Corporation Law (“NPCL”) § 715-b, enacted as part of the New York Nonprofit Revitalization Act, requires New York not-for-profit corporations with 20 or more employees and annual revenue in excess of $1 million...more

Virginia Supreme Court Denies Expansion of Public Policy Exception for Wrongful Termination Claims

by Littler on

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

Sixth Circuit Upholds Dismissal of Fraud and Contract Claims Against Employer Sponsoring Green Card Application for Employee

by Butler Snow LLP on

In an interesting case situated at the intersection of immigration and contract law, the Sixth Circuit recently affirmed a district court’s dismissal of claims against Dow Corning Corporation stemming from its sponsoring an...more

Utah employee had no constitutional right to continued employment

by Kirton McConkie PC on

Public employees who have a right to continued employ­ment enjoy constitutional due-process protections that run-of-the-mill at-will employees do not. How can a public employer know if one of its employees enjoys...more

South Carolina court says 'NO' to employee's claims against Boeing

by McNair Law Firm, P.A. on

Employees and their counsel have been very aggressive in attempting to couch employment claims as state-law matters and filing claims in state court instead of federal court to try to avoid the federal judiciary. For various...more

What Does “At-Will” Employment Mean?

by Jaburg Wilk on

Most Arizona employers are aware that Arizona is an “at-will” employment state. However, many do not understand what that means. In short, it means that an employee can be terminated for any reason or no reason, except a...more

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