News & Analysis as of

Public Policy Hiring & Firing

Dickinson Wright

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

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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

Fourth Circuit Finds Internal Complaint About Care Recommendations Supports Wrongful Discharge Claim

North Carolina is an at-will employment state, but recognizes a limited exception from that rule for terminations that violate the state’s public policy. Courts have wrestled for years over the meaning of public policy and...more

Miller Canfield

Michigan Supreme Court Expands Employer Exposure to Public Policy Retaliation Claims

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In Michigan, various state employment laws prohibit employers from retaliating against employees. But can an employee pursue a public policy retaliation claim against the employer in addition to a statutory retaliation claim?...more

Clark Hill PLC

Colorado Court of Appeals Adopts Definition of “Actual Discharge” Applied by Federal Courts in Colorado Employment Law Wrongful...

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In a case of first impression in Colorado, the Colorado Court of Appeals adopts a test for evaluating a claim of actual discharge under Colorado law. In this Colorado employment law case, Plaintiff ex-employee, Ms. Potts,...more

Pullman & Comley - Labor, Employment and...

The Doctrine of “Wrongful Discharge in Violation of Public Policy” Takes Flight Again in Decision of the Connecticut Supreme Court

On Tuesday, March 21, 2023, the Connecticut Supreme Court announced a significant new decision concerning lawsuits by employees alleging “wrongful discharge in violation of public policy.”  Most employers in Connecticut are...more

Bodman

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

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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

McAfee & Taft

Home Depot employee’s wrongful discharge claim hammered

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Under some circumstances, Oklahoma law recognizes that terminated employees may pursue a public policy wrongful discharge claim against a former employer. These claims allow a narrow exception to the employment at-will status...more

Nelson Mullins Riley & Scarborough LLP

Massachusetts Supreme Judicial Court Adds New Personnel Records Wrinkle to Public Policy Exception to Termination of At-Will...

A recent decision by the Massachusetts Supreme Judicial Court (the “SJC”) significantly expanded the Massachusetts common-law public policy exception to termination of at-will employees.  This decision, Meehan v. Med. Info....more

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

Can Discharging Remote Workers Trigger the WARN Act at a ‘Single Site of Employment’?

To say that COVID-19 has presented numerous challenges to employers would certainly be an understatement. One of the changes and challenges that has entered the workforce is the proliferation of work-from-home arrangements. ...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

Conn Kavanaugh

Employers Beware: M.G.L c. 149, § 52C Right to Rebut Trumps At-Will Employment

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Massachusetts law gives employees the right to submit a written statement explaining the employee’s position when the employee disagrees with any information contained in the employee’s personnel record. This written...more

Littler

Pennsylvania Appeals Court Determines State’s Medical Marijuana Act Includes a Private Right of Action for Employees

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In a case of first impression, the Superior Court of Pennsylvania has determined that employees can sue their employers for claims under the Pennsylvania Medical Marijuana Act (MMA).  Palmiter v. Commonwealth Health Sys.,...more

Ward and Smith, P.A.

So Much for "9 to 5": Employers' Consideration of Employees' and Applicants' Conduct Outside of Work

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Arbitrary judgments are as old as humanity itself. Law evolved in part to try to spare us all from some of them and provide order and predictability in their place. That evolution, and occasional revolution, eventually gave...more

Proskauer - California Employment Law

$10 Million Lawsuit over January 6th Capitol Riot-Related Firing

On January 26, 2021, a computer programmer and coder named Leah Snyder filed a lawsuit against her former employer (Snyder v. Alight Solutions LLC (8:21-cv-00187)), alleging she was wrongfully terminated after she posted...more

Proskauer - Law and the Workplace

Massachusetts Appeals Court Weighs In On Public Policy Exception To General At-Will Employee Termination Clause

The Massachusetts Appeals Court, in a slip op opinion issued on January 20, 2021, decided that at-will employees can be terminated for submitting rebuttal letters pursuant to G.L.c. 149, §52C (“Section 52C”), and cannot avail...more

Franczek P.C.

Tell a Lie and All Your Truths Become Questionable: Appellate Court Orders an Untruthful Officer to be Fired On Public Policy...

Franczek P.C. on

On December 24, 2020, the Illinois Appellate Court First District ruled that it is the public policy of the State of Illinois that police officers are to be honest and truthful in conducting their police duties. In City of...more

ArentFox Schiff

Enforcing Non-Compete and Non-Solicitation Provisions in Virginia: Three Recent Takeaways From a Virginia Trial Court

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In a recent opinion, the Fairfax Circuit Court deemed unenforceable the non-compete and employee non-solicitation provisions of two doctors who had performed work for the United States Army on behalf of a government...more

FordHarrison

Perhaps Silicon Valley’s Pied Piper Could Use Good Employment Counsel

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I am currently bingeing my way through HBO’s Silicon Valley after not having watched the show for several years (I’ve always found it entertaining enough, but life, you know?). The series chronicles the experiences of a small...more

Seyfarth Shaw LLP

Pennsylvania Court Allows Medical Pot User To Proceed With Wrongful Termination Suit

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In a recent decision, Palmiter v. Commonwealth Health Systems, the Pennsylvania Court of Common Pleas held that: (a) the Pennsylvania Medical Marijuana Act (“MMA”) creates a private right of action for wrongful termination;...more

Lewitt Hackman

Good News for California Employers Following a Difficult 2019 Legislative Session

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On January 1, 2020, California businesses faced several new laws that may significantly impact business operations, including AB 5 (codifying the “ABC” test) and AB 51 (restricting the use of mandatory arbitration). On the...more

Payne & Fears

Key California Employment Law Cases: October 2019

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Ferra v. Loews Hollywood Hotel, LLC, 40 Cal. App. 5th 1239, 253 Cal. Rptr. 3d 798 (2019) - Summary:  Term “regular rate of compensation” for calculating meal or rest break premium payments is not synonymous with term...more

Payne & Fears

Key California Employment Law Cases: September 2019

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ZB, N.A. v. Super Ct. of San Diego Cty., 8 Cal. 5th 175, 252 Cal. Rptr. 3d 228 (2019) - Summary:  Employee may not recover unpaid wages under Labor Code section 558 through PAGA. Facts:  Plaintiff Lawson worked for...more

Seyfarth Shaw LLP

Does it Violate Public Policy to Terminate a Drunk Employee? “Absolut”-ly Not

Seyfarth Shaw LLP on

Seyfarth Synopsis:  Does Pennsylvania’s public policy preclude a nuclear power plant from terminating an employee for being drunk on the job? “No,” the United States District Court for the Middle District of Pennsylvania...more

Jackson Lewis P.C.

Pennsylvania Public Policy Did Not Bar Termination Of Nuclear Power Plant Employee Who Tested Positive For Alcohol

Jackson Lewis P.C. on

A federal district court in Pennsylvania held that public policy did not bar termination of a nuclear power plant employee who tested positive for alcohol. Bennett v. Talen Energy Corp. et al., No. 3:19cv521 (M.D. Pa. Oct....more

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