News & Analysis as of

At-Will Employment

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

by Saul Ewing LLP on

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

Comprehensive Massachusetts Employment Law Guide

by Locke Lord LLP on

Drafting Employment Applications in Massachusetts - Massachusetts Job Application Requirements - Several Massachusetts laws govern the information that employers must include in their written job applications....more

Finding Ways to Sue

An employee who is terminated from employment does not have a legal right to sue the employer simply because he believes that the termination was “unfair.” While union contracts typically contain a provision that discipline,...more

New Year, New Resolutions: Reviewing, Updating and Even Eliminating Policies

by Nexsen Pruet, PLLC on

For employers across the Carolinas, the New Year presents the ideal opportunity to review and update important company policies. In some instances, there may be policies that need to be eliminated altogether. This article...more

Labor Law 2016: A Year In Review

by McGuireWoods LLP on

Introduction - In the final year of his two term tenure, President Barack Obama’s National Labor Relations Board and Department of Labor continued their double barrelled efforts to remake labor law to benefit labor...more

Labor Relations Today: 2016 Year In Review

by McGuireWoods LLP on

Introduction - In the final year of his two term tenure, President Barack Obama’s National Labor Relations Board and Department of Labor continued their double barrelled efforts to remake labor law to benefit labor...more

Federal Court in Missouri Holds At-Will Employment Is Not Consideration for Noncompete

The end of the year is an opportune time for employers to make sure their noncompete and arbitration agreements are still valid. A recent Missouri federal court decision underscores how difficult it can be to enforce those...more

"No Contract" Disclaimer in Employee Handbook Upheld by Illinois Court

by Roetzel & Andress on

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

You’re Fired! How the At-Will Employment Doctrine Separates the U.S. From Many Foreign Nations

As the United States is transitioning to a new administration led by Donald Trump who will serve as the 45th President of the United States, much of the international community is struggling to come to grips with the global...more

Employer Can Refuse to Pay Commissions After Termination — Under Certain Conditions

by Shipman & Goodwin LLP on

Thanks to all who came to our Labor & Employment seminar on Thursday. Our biggest crowd yet. In it, we talked about the importance of offer letters. Marc Herman returns today with a post updating us on a recent Connecticut...more

Fifth Circuit Affirms Order Compelling Arbitration Against Non-Signatories Based On “Intertwined Claims” Estoppel

by Carlton Fields on

A physician sued several healthcare entities for wrongful termination of employment, negligence, breach of contract, and tortious interference with at-will employment. While two of the defendants were signatories to...more

Differences in Public Policy Can Affect Claims of Wrongful Discharge

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

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