At-Will Employment

News & Analysis as of

No Advance Notice is Required to Terminate At-Will Employment in Virginia

On June 2, 2016, the Virginia Supreme Court resolved a split among the lower courts and the federal district courts in Virginia regarding the notice employers are required to provide at-will employees prior to terminating...more

Amorphous No More – Virginia Defines "Reasonable Notice" of Termination as "Effectual Notice" in the At-Will Employment Context

The Supreme Court of Virginia, in Johnston v. William E. Wood & Associates, Inc., No. 151160 (June 2, 2016), recently answered the question of what constitutes "reasonable notice" for terminating an at-will employee. The...more

Attorney General Madigan Sues Jimmy John’s over Non-Compete Agreements

On Wednesday, Illinois Attorney General Lisa Madigan filed suit against fast-food franchisor Jimmy John’s and several Jimmy John’s franchisees operating in Illinois claiming that Jimmy John’s and its franchises unlawfully...more

Update Your Employee Termination Review Checklist

On March 8, 2016, the Oklahoma Supreme Court significantly expanded the reach of the infamous Burk public policy wrongful discharge tort claim in Moore v. Warr Acres Nursing Center, LLC, 2016 OK 28. Here’s the key takeaway...more

Hiring Your Team: Defining The Terms And Conditions Of Employment

If you have selected a candidate for employment, you can reduce legal risks by clearly defining the terms and conditions of employment in an offer letter. Below are some tips for drafting an effective offer letter. What...more

Wrongful discharge – alive and well in Oklahoma

It’s been awhile since Oklahoma’s Supreme Court weighed in on the ability of fired employees to sue their employers for wrongful discharge. Now a vomiting nurse gets to take a shot at the nursing center that terminated his...more

Employee terminated despite manual’s assurances against retaliation

It is often said that “a promise is a promise,” but what does that adage mean? A promise is a statement or declaration that a person will or will not do something. In most cases, a promise is not enforceable under the law...more

Retaliation Weigh-in – Don’t Be the Biggest Loser

While watching the Biggest Loser may be entertaining or even inspiring, dealing with an overweight employee may be a human resources nightmare. A person’s weight is a delicate topic in almost any conversation. When an...more

How to Fire a Conspiracy Theorist

Do you have an employee that is a conspiracy theorist? You know, someone like Florida Atlantic University professor James Tracy. Tracy is the communications professor that claimed that the Sandy Hook massacre, Boston Marathon...more

Preparing for the Oscars: Can You Retaliate Against Your Worst-Dressed Employees?

The door opens. All eyes turn to watch the smiling woman as she strides across the carpet. Wait, is she wearing what I think she’s wearing? Oh my. What do you do when the outfit your employee is wearing makes your...more

2015 Employment and Labor Law Final Exam - Answer Key

Thank you to everyone who participated in this year's employment and labor law final exam. We hope it was challenging and informative. Congratulations to Marla Guenther of Hilton Head Hospital and Ruth Pastula of Georgetown...more

By The Book: Transforming Handbooks Into Contracts In Langenkamp V. Olson

A recent summary order from the United States Court of Appeals for the Second Circuit – which exercises federal appellate jurisdiction over New York, Connecticut and Vermont — serves as a reminder that an employer’s reliance...more

Contracts May Not Be All They're Cracked Up To Be: The Extension Of Legal Protections In Employee Contractual Settings

For many years, employers have generally embraced a policy of utilizing at-will employment as often as possible, where employers and employees can end their relationship with each other at any time and for any (legal) reason....more

Corporate Divorce Series: An Employment Relationship Fail

Few of us can honestly say that our job never disappoints us and the same can probably be said of personal relationships. But how do you know when you are in a failed employment relationship and what do you do about it?...more

That is SO last week - October 2015 #4

Last week, the Second Circuit Court of Appeals issued its summary decision in Triple Play Sports Bar and Grille. Affirming the National Labor Relations Board, the Court held that an employee’s Facebook comments about working...more

The Three “H”s of Fall: Halloween, Hot Chocolate, and Handbooks

Yes, the end of the year always brings a flurry of revisions to employer handbooks. This year is no different. Business owners, general counsel, and human resources professionals throughout California and the County always...more

BRING-YOUR-GUN-TO-WORK-DAY? . . . . MAYBE! Swindol v. Aurora Flight Sciences Corporation

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

South Carolina Supreme Court Finds Employee Cannot Sue for Breach of Contract and Wrongful Discharge

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

New Development In The Enforceability of Non-Compete Agreements

As many of our readers may recall, the Illinois Appellate Court in the First District dramatically changed (in our view) the law two years ago in its infamous Fifield decision, by holding that if employment (or continuing...more

Considering Selling Your Company? Tip #2: Stage Your Company

Nearly every founder or executive considers selling their company at one point or another. Before embarking on the complex process, it is crucial for the company leaders – especially within the ever-evolving tech community –...more

Five Tips for a Successful Exit

Any number of factors can trigger a tech company’s exit: worn-out founders, anxious investors, industry consolidation, or wild, Instagram-like success. As tech founders and executives contemplate the possibility and timing of...more

Can Kim Davis Be Fired? What CA Employers Should Know About Religious Accommodations

Last June, the U.S. Supreme Court determined that same-sex marriages are a fundamental liberty protected by the 14th Amendment of the U.S. Constitution – and that states must issue marriage licenses to same-sex couples....more

At Will? What’s That?

Did you know that employees in most countries outside the United States have a contractual right to continued employment, whether or not they have written contract? If an employer does not provide an employee with a written...more

Louisiana Supreme Court Reaffirms At-Will Employment Doctrine

In Read v. Willwoods Community, 2014-C-1475 (La. 2015), the Supreme Court of Louisiana overturned a jury verdict awarding damages to a plaintiff who claimed that his employer breached a verbal contract to employ him for a...more

Oppressed Shareholders Don’t Always Get the Relief They May Deserve

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

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