At-Will Employment

News & Analysis as of

Keine Altersdiskriminierung durch nach Betriebszugehörigkeit gestaffelte Kündigungsfristen

Die vom Arbeitgeber einzuhaltende gesetzliche Kündigungsfrist des § 622 Abs. 1 BGB beträgt vier Wochen zum Fünfzehnten oder Ende eines Kalendermonats und verlängert sich gemäß § 622 Abs. 2 Satz 1 BGB bei längerer...more

Got an Outdated Employee Handbook? Update Now!

What Employer doesn’t have an Employee Handbook with the requisite at-will language to defeat implied contract claims? So 1990’s. It’s 2014… Time to Update these HOT Employment Areas...more

Missouri Supreme Court Redefines Adequate Consideration for Enforcing Arbitration Agreements

Continued at-will employment is no longer sufficient consideration to enforce arbitration provisions in Missouri. In Baker v. Bristol Care, a recent decision of the Missouri Supreme Court, a slim majority of the Court struck...more

The Latest From The NLRB On Employment-At-Will Policies

Just two years ago, employers weren’t terribly worried about the approach the National Labor Relations Board (NLRB) took toward employment-at-will policies. True, the board did seem to signal at the time that it might...more

Hostile Doesn’t Mean MEAN: Understanding Employment Law

Dealing with employees also means dealing with their misconceptions about employment law. This blog entry highlights some of these misconceptions and reminds employers of the significance of employment at will....more

Texas Supreme Court Establishes That an At-Will Employee Does Not Have a Viable Fraud Claim Based on Continued Employment

The Texas Supreme Court recently issued a much-anticipated opinion regarding fraud claims in the employment at will context. In Sawyer v. E.I. du Pont de Nemours & Co., 430 S.W.3d 396 (Tex. 2014), the Fifth Circuit Court of...more

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

Wis. Supreme Court Accepts New Case: When Are Covenants Not to Compete Illusory for At-Will Employees?

Last month, the Wisconsin Supreme Court accepted the Court of Appeals’ certification in Runzheimer Int’l, Ltd. v. Friedlen, No. 13AP1392 (Apr. 15, 2014). The intermediate appellate court had certified the following question:...more

Business Law Newsletter - July 2014

In This Issue: - Redskins Trademark Cancelled - Q&A with Bean, Kinney & Korman - Knowing When and Why to Maintain Your Trademarks - Tortious Interference in Virginia - Improper Methods...more

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

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

North Carolina Court Allows Emotional Distress Damages for Wrongful Discharge Claim

North Carolina courts recognize a limited exception to the normal employment at-will doctrine. If an employee is terminated for reasons that violate state public policy, the plaintiff may pursue a common law tort claim to...more

Texas Supreme Court Limits Fraud Claims by Terminated Employees

In a case of first impression, the Supreme Court of Texas declared that at-will employees may not bring an action for fraud that is contingent on the promise of continued at-will employment. The Court also held that...more

New Texas Supreme Court Case Helps/Hurts At-Will Status

On April 25, 2014, the Texas Supreme Court issued a decision in the Sawyer, et al. v. Du Pont case. The case involved questions from the Fifth Circuit Court of Appeals regarding the scope of the at-will doctrine in Texas....more

Does the Employment Relationship Convert to At-Will Upon Expiration of an Employment Agreement’s Term? Failure to Consider this...

Many employers are surprised to learn that the employment relationship does not automatically convert to “at-will” when an employee’s fixed employment term expires. Instead, when asking for clarification on this issue,...more

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

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

At-Will Employment Clauses and the NLRB

The National Labor Relations Board (“NLRB”) has made headlines in the last few years with its close scrutiny of workplace social media policies. However, making something of a quieter splash, the NLRB has also been...more

Act Now Advisory: Overbroad Handbook Policies May Constitute Unfair Labor Practices

At-will disclaimers in employee handbooks may provide protection from contract claims, but a recent decision by a National Labor Relations Board ("NLRB") Administrative Law Judge ("ALJ") serves to remind employers that the...more

Are Employment Contracts Always Terminable At the Will of Either Party?

In states where employment is generally considered “at-will,” many employers take it as a foregone conclusion that employment contracts are terminable at the will of either party. But is this conclusion always correct? The...more

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

2013 Virginia Employment Law Pocket Guide

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

Using Biometrics In The Workplace

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

What Are The Main Differences For Dismissing An Employee Between The US And France?

Contrary to the U.S., which has the concept of “at-will” termination, to dismiss an employee in France, an employer must have a “real and serious cause” and must comply with a specific procedure. The cause is not...more

Employment and Labor Law Final Exam Answer Key

Thank you to everyone who responded to this year’s Employment and Labor Law Final Exam. We hope the exercise was challenging and informative. Congratulations to our winners, Melissa Nance (Sumter, SC) and Carol Williams...more

2013 Employment and Labor Law Final Exam

As the end of 2013 quickly approaches, it is time to put your employment and labor law knowledge to the test with Nexsen Pruet’s third annual final exam. We will send out answers to the exam on December 17th. Be sure to email...more

Missing “At-Will” Language In Employment Agreement Leaves At-Will Status Up To The Jury, New Jersey Appellate Division Holds

In Halpern v. Marion P. Thomas Charter School, 2013 WL 4607437 (N.J. App. Div. Aug. 30, 2013) (unpub.), the New Jersey Appellate Division held that a teacher had overcome the presumption of at-will employment by showing that...more

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