News & Analysis as of

Employee Rights At-Will Employment

Most countries provide some degree of workplace protection for employees and job applicants. Depending on the jurisdiction, these protections generally include safety precautions and policies, anti-discrimination... more +
Most countries provide some degree of workplace protection for employees and job applicants. Depending on the jurisdiction, these protections generally include safety precautions and policies, anti-discrimination policies, collective bargaining and unionizing rights, meal and rest requirements, minimum wage rules, and medical and family leave rights to name a few. In the United States, the federal framework for employee rights stem from statutes such as the Fair Labor Standards Act (FLSA), Americans with Disabilities Act (ADA), National Labor Relations Act (NLRA), Title VII of the Civil Rights Act, and the Family Medical Leave Act (FMLA). In addition, employee rights statutes are implemented and enforced by regulatory authorities such as the EEOC, NLRB, OSHA, and the Department of Labor. Further, many state and local governments provide additional and localized protections for employees that are enforced by local regulatory entities. less -
Ogletree, Deakins, Nash, Smoak & Stewart,...

New York City’s New Job Protection Bill: Will It End At-will Employment?

New York City is considering a bill known as the “Secure Jobs Act,” which would prohibit employers from discharging employees without “just cause” and advanced notice in most cases. Introduced on December 7, 2022, Int...more

Morgan, Brown & Joy, LLP

Massachusetts Supreme Judicial Court Finds that Employees Cannot be Terminated Merely for Filing a Rebuttal to a Personnel Record

On December 17, 2021, Meehan v. Medical Information Technology, Inc., the Supreme Judicial Court of Massachusetts (“SJC”) held that an employee’s filing a rebuttal to information placed in their personnel file that could...more

Ogletree, Deakins, Nash, Smoak & Stewart,...

Massachusetts Supreme Judicial Court Rules in Favor of Worker Fired for Rebutting Negative Performance Improvement Plan

On December 17, 2021, the Massachusetts Supreme Judicial Court (SJC) ruled that an employee discharged for submitting a written rebuttal to his employer in response to the placement of negative information in his personnel...more

Proskauer - Law and the Workplace

New York City Council Introduces COVID-19 Bills Addressing Essential Workers and Paid Sick Leave Coverage

As previously announced, the New York City Council has introduced an expansive package of COVID-19 bills that, among other things, propose sweeping protections for “essential” workers. The significance of this proposed...more

Lewitt Hackman

Compelling Employees to Appear for Work During a Pandemic

Lewitt Hackman on

Employers are faced with unique challenges with the appearance of COVID-19. While many employers are transitioning their workforce to remote platforms, many essential businesses (such as grocery stores, laundromats, and...more

Cozen O'Connor

NYC Council Considers Legislation to End At-Will Employment in the Fast Food Industry

Cozen O'Connor on

The New York City Council has proposed additional legislation that would have a major impact on businesses falling within the broad definition of “fast food establishments” and has scheduled a hearing on the bills for...more

Verrill

HR Law 101 Ep. 9: How Does USERRA Apply To Your Company?

Verrill on

The Uniform Services Employment and Reemployment Rights Act of 1994, also known as USERRA, has multiple responsibilities for employers and employees. In this episode of HR Law 101, attorney Tawny Alvarez will highlight a few...more

FordHarrison

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

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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

Zelle  LLP

That is SO last week - October 2015 #4

Zelle LLP on

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

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

Bond Schoeneck & King PLLC

Update: The NLRB and Employment-At-Will Policies in 2014

We originally addressed this topic on November 9, 2012, discussing the National Labor Relations Board’s scrutiny of employer handbooks containing employment-at-will provisions. Since these disclaimers are widely used in...more

Stinson LLP

Illinois Court Of Appeals: Non-Competes Unenforceable Without At Least Two Years Of Continued Employment

Stinson LLP on

In Fifield v. Premier Dealer Services, Inc., the Illinois Court of Appeals covering Chicago held that as a matter of law, an at-will employee must remain employed for at least two years to receive consideration sufficient to...more

Ogletree, Deakins, Nash, Smoak & Stewart,...

Minnesota Supreme Court Refuses to Expand Exception to Employment-at-Will Doctrine

The Minnesota Supreme Court rang in 2014 with an employer-friendly decision on the at-will employment rule. On January 2, in Dukowitz v. Hannon Security Services (No. A11-1481), the state’s highest court held that the...more

Sands Anderson PC

2013 Virginia Employment Law Pocket Guide

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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

Fisher Phillips

Using Biometrics In The Workplace

Fisher Phillips on

In the past, employees rarely objected to having their picture taken for the company’s identification badge. But in this age of technology allowing for facial recognition, photo “tagging,” finger or palm prints, and other...more

Spilman Thomas & Battle, PLLC

The Board Plays On: The NLRB Clarifies Its Position on At-Will Disclaimers

In 2012, the National Labor Relations Board (NLRB) set the business community atwitter when an administrative law judge in American Red Cross decided that an at-will disclaimer in an employee handbook violated the National...more

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