News & Analysis as of

At-Will Employment Retaliation

Dickinson Wright

The Michigan Supreme Court Expands Public Policy Causes of Action for Retaliatory Discharge

Dickinson Wright on

Under Michigan’s Occupational Health and Safety Act (“MiOSHA”), employers may not “discharge an employee or in any manner discriminate against an employee because the employee filed a complaint” regarding the employer’s...more

Parker Poe Adams & Bernstein LLP

Employer Justified in Terminating Manager Over Disparaging Mask Mandate Comments

Litigation over employment issues relating to the COVID-19 pandemic is finally reaching the trial and appellate courts. This week, the Tenth Circuit Court of Appeals affirmed dismissal of a lawsuit from a warehouse manager...more

Constangy, Brooks, Smith & Prophete, LLP

New hipness in employment law

The right to bore, and not to be bored. These two cases are not from the U.S.A. But they have some good lessons for U.S. employers. Case One: "C'est cool d'être ringard." (English translation: "It's hip to be square.") A...more

Bodman

Employers Beware! Michigan Supreme Court Clarifies and Expands Public-Policy Exception to At-Will Employment Presumption

Bodman on

On July 15, 2022, the Michigan Supreme Court clarified and, arguably, expanded the public-policy exception to the well-established at-will employment presumption in Michigan. Although the case may conclude differently after...more

Proskauer - Law and the Workplace

Massachusetts Creates Exception to At-Will Employment for Employees Exercising the “Right of Rebuttal”

On December 17, 2021, the highest state court in Massachusetts held that an employer may not terminate an employee solely for exercising his right to file a rebuttal to be included in his personnel file....more

Constangy, Brooks, Smith & Prophete, LLP

The Insidious Deception That Is "Employment At Will"

Employers, don't get played. "This is an employment-at-will state, and I can fire you for a good reason, a bad reason, or no reason at all." Oh, yeah?... ...more

Jackson Lewis P.C.

California Court Upholds Employer’s Refusal To Hire Applicant Who Failed Pre-Employment Drug Test Due To Medical Marijuana Use

Jackson Lewis P.C. on

A federal court in California dismissed the disability discrimination claims of a job applicant who failed a pre-employment drug test due to medical marijuana use, holding that he did not sufficiently prove that he was...more

Constangy, Brooks, Smith & Prophete, LLP

10 Things Your Employment Lawyer Never Wants To Hear

HR people, you know what I'm talking about. Sharks, vampires, tornadoes, heights, and evil clowns are scary. But sometimes the scariest thing to a management-side lawyer is what employers themselves say. Here are 10 things...more

Payne & Fears

Key California Employment Law Cases: April 2019

Payne & Fears on

This month's key employment law cases address the enforcement of arbitration agreements. Diaz v. Sohnen Enters., 34 Cal. App. 5th 126, 245 Cal. Rptr. 3d 827 (2019) Summary:  When employee continues his or her employment...more

Burr & Forman

SC Supreme Court decides building official's public-policy case

Burr & Forman on

At-will employment is the normal employer-employee relationship in South Carolina. In 2004, the state legislature passed a law stating that handbooks that took certain reasonable steps did not create a contractual exception...more

Proskauer - Not for Profit/Exempt...

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

Fisher Phillips

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

Fisher Phillips on

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

McAfee & Taft

Oklahoma court tosses negligent training and supervision claims

McAfee & Taft on

Former employees and their attorneys have become increasingly creative when it comes to suing past employers. In addition to filing wrongful termination or discrimination lawsuits, discharged employees have sued their former...more

Mintz - Employment, Labor & Benefits...

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

Patrick Malone & Associates P.C. | DC Injury...

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

Sands Anderson PC

Another Exception to Employment At-Will

Sands Anderson PC on

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

Baker Donelson

To the Woodshed: Self-Defense, Defense of Others and Retaliatory Discharge

Baker Donelson on

The workplace can be very tumultuous. Employees working in close quarters inevitably have disagreements, and some employees prove themselves to be disagreeable troublemakers. Workplace bullying is considered by some to be...more

Genova Burns LLC

Top Ten Policies Every Employee Handbook Should Have

Genova Burns LLC on

An Employee Handbook is a critical communication tool that sets forth corporate goals, policies and objectives as well as the expectations demanded of employees....more

Brooks Pierce

No Wrongful Discharge Claim For Firing Of Employee/Shareholder In Retaliation For Her Exercise Of Her Statutory Inspection Rights

Brooks Pierce on

You probably know that North Carolina is an employment-at-will state. That means that in the absence of any employment contract, you can be fired from your job at any time, for good reason, no reason at all, or even a bad...more

Gray Reed

At-Will Employment

Gray Reed on

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

Littler

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

Littler on

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

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