News & Analysis as of

At-Will Employment

Using Offer Letters Correctly

South Carolina is an employment at will state. This means that, absent a written contract guaranteeing employment, employers are free to terminate employees at any time, without notice, for any reason (so long as that reason...more

Court Affirms Ruling in Battle Between eDiscovery Providers Over Hired Sales Agents: eDiscovery Case Law

by CloudNine on

Remember the lawsuit filed by DTI against LDiscovery and four former sales agents of DTI who were hired by LDiscovery, claiming they misappropriated trade secrets, interfered with client relationships and breached their...more

Employment Law Reform in Puerto Rico: Take Two

by Littler on

Last month, we reported that the Governor of Puerto Rico announced his “Initiative to Reform the Labor Force,” which would have created significant employment law changes to increase the employment participation rate on the...more

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

by McNair Law Firm, P.A. 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

Operations in China? Employers Should Not Terminate an Employee in Haste

by Fisher Phillips on

Fisher Phillips attorneys had the pleasure and privilege of presenting with Jingo Lu, Esquire, a lawyer from China, at a recent International Employers Forum event in Washington D.C. Jingbo kindly accepted our invitation to...more

Consistency Also is Important When Firing Someone

by Shipman & Goodwin LLP on

If an employee is an at-will employee, he or she is not entitled to any explanation about the reason for the termination. Nevertheless, when terminating an employee, most employers sensibly provide the employee with a reason...more

10 Ways Employers Give Their Employees A "Bad Hair Day"

Have I missed any? A recent poll of 2,000 American workers said that people have an average of about 60 bad days a year. (People actually keep track of such things? And, define "bad.") Of those 60-some bad days a...more

Wait....Does Your At-Will Disclaimer do its Very Important Job?

Human resource professionals and employment lawyers know the importance of an at-will disclaimer in employee handbooks and offer letters. These disclaimers have existed for years, and they are often glossed over because they...more

8th Circuit: Employer Bound by Promise to Pay Performance Bonus to At-Will Employees

by McGuireWoods LLP on

Employers who implement bonus programs to attract and retain key employees may be bound to the terms of those programs, the 8th U.S. Circuit Court of Appeals recently held. In Boswell v. Panera, LLC, the court affirmed that...more

Termination for Cause in the United States: It’s Whatever You Want it to Be

by Dorsey & Whitney LLP on

The default rule in most U.S. states is at-will employment. This means that either the employee or the employer may terminate the employment relationship at any time, without notice, for any reason—other than a discriminatory...more

2018 Virginia Employment Law Pocket Guide

by Sands Anderson PC on

The guide, written by Sands Anderson’s Employment Law Team and edited by attorney C. Michael DeCamps, provides summaries of key Virginia employment statutes and principles of employment law. The summaries are not intended to...more

Late Limit on Bonus Plan Has No Effect

by Sherman & Howard L.L.C. on

The 8th Circuit Court of Appeals recently offered a refresher course on contract formation, as applied to employee bonus plans. The employer promised substantial bonuses, payable in five years, provided the eligible at-will...more

Are We at a “Tipping” Point for Wrongful Discharge Claims in Minnesota?

by Dorsey & Whitney LLP on

A bartender is told by his employer, in violation of state law, that he must share tips with other employees. He refuses to comply and is fired. The state law in question says he can sue for being required to share tips, but...more

The Montana Supreme Court Issues A Favorable Opinion For Employers Of Seasonal Employees in “For Good Cause” State

by Littler on

Montana is well-known in the employment world for deviating from the employment at-will doctrine. In Montana, employees are protected under the Wrongful Discharge from Employment Act (WDEA), which provides that an employee’s...more

Fight Night at Your Company Holiday Party

by Gray Reed & McGraw on

Jim Duncey, the owner of Duncey’s Caps, Inc., decides to hold an employee/significant other holiday party this year with live music and an open cash bar managed by a third-party bartending service. Each employee will get...more

US Employers Hiring In Canada – The Basics Part I: Good Bye Employment At-Will; Hello Entitlements

by Fisher Phillips on

Fisher Phillips’ International Employment Practice Group routinely counsels employers that are planning to move into the Canadian employment market (or have done so already without the requisite due diligence). In these...more

Radical Candor in the Workplace: How “Being Nice” To Employees May Place You In Legal Jeopardy

by Fisher Phillips on

Is honesty really the best policy at the workplace? Some employers believe that a few little white lies might help them avoid uncomfortable situations and confrontations. It’s common for some to spare an employee’s feelings...more

Regulating Speech at Work

by Pepper Hamilton LLP on

Q: Can a private employer limit its employees’ speech and political activity in the workplace? A: Yes, but not speech that is considered part of a “concerted activity.”...more

For Any Lawful Reason: Firing an at-will employee under dubious circumstances need not lead to liability if the reason for the...

by Dorsey & Whitney LLP on

A recent decision from the Sixth Circuit Court of Appeals highlights the distinction between firing an employee for personal or politically expedient reasons (which may be entirely legal) and firing an employee because of his...more

How to Craft an Employee Handbook Outside the United States or Whether to Issue One at All

by Littler on

Most all major U.S. employers, and many smaller ones, have issued and periodically update employee handbooks—staff guides explaining how the organization’s particular workplace works. U.S. human resources experts almost...more

Time To Get Back To Work After Hurricane Irma – Part I

by Fox Rothschild LLP on

Hurricane Irma did a number on South Florida and the Keys and while many people have no power and damage (myself included), we are all getting back to work. Over the next few days I’m going to focus my posts on post-Irma...more

Neo-Nazi in Your Workplace? Tread Carefully Before Taking Action

by Foley & Lardner LLP on

We live in an unfortunate time in which white nationalists and neo-Nazis are receiving a great amount of publicity. In the aftermath of this month’s events in Charlottesville, Virginia we are likely to see additional rallies,...more

Wisconsin Court Overturns $2.2 Million Jury Verdict in Favor of Former Doctor, Finding His Employment-at-Will Agreement Was Not...

by Littler on

The Wisconsin Court of Appeals recently reaffirmed long-standing precedent holding that employment-at-will agreements may not be modified by a policy or procedure unless it contains an express provision demonstrating that the...more

Before You Fire That Political Extremist . . .

If you’re a private sector employer, you can generally fire an at-will employee for his or her political beliefs or expression. The First Amendment, as we discussed last week, does not limit you. Depending on where you are,...more

How Not to Fire: Lessons from President Trump for Employers.

Firing an employee does not usually make national headlines, but the recent firing of FBI Director James Comey by President Donald Trump was a notable exception. The headlines continued when President Trump appeared to offer...more

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