News & Analysis as of

At-Will Employment

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

Seven Questions That Employers Should Ask Themselves before Discharging an Employee

Employment terminations are serious business and fraught with potential challenges. The simple idea that at-will employees can be discharged for any legal reason without incurring claims, defense costs, and possible...more

Butler Snow LLP

Flu season is back: Can you require employees to get a shot?

by Butler Snow LLP on

It’s that time of year again, with many employers offering free flu shots to employees in hopes of reducing flu-related absences and resulting productivity decreases in the months ahead. Most often, a flu shot is offered as a...more

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

Going Global? Top 5 Labor and Employment Concerns for Multinational Businesses

In this episode, Diana Nehro, a shareholder in Ogletree Deakins’ International Practice Group, covers five of the most significant labor and employment concerns for multinational companies. Tune in for a discussion about...more

Sherman & Howard L.L.C.

Pro Tip: Employee Handbooks Should Avoid Contractual Language And Affirm At-Will Employment

by Sherman & Howard L.L.C. on

An October 12, 2018 Order from the District Court of Arizona reminds employers to include the appropriate “at-will” language and disclaimers of contractual intent in their employee handbooks. A former employee brought 11...more

Ward and Smith, P.A.

Oden's "Top 4" Issues for Employers for 2018 (So Far)

by Ward and Smith, P.A. on

What follows are the "Top 4" issues or some variation/combination (in no particular order) that I have discussed with employers so far in 2018. Some may seem like common sense for the more seasoned Human Resource Director,...more

Michael Volkov

Developing an Employee Handbook that Helps Protect Your Business from Lawsuits

by Michael Volkov on

There are many reasons to have an employee manual or handbook can be good for your business. Employee manuals help set expectations, provide guidance on how to handle conflicts, and, when drafted and implemented correctly,...more

Dickinson, Mackaman, Tyler & Hagen, P.C.

Iowa Supreme Court Levels the Playing Field for At-Will and Contract Employees

In a case of first impression, the Iowa Supreme Court in Ackerman v. State of Iowa, IWD, et al. (June 15, 2018) held that the tort of wrongful discharge in violation of public policy is available to contract employees — here,...more

Proskauer - International Labor Law

Puerto Rico Heading Towards At-Will Employment

On May 30, 2018, the Puerto Rican Senate voted in favor of overturning an Act that provided significant protections to Puerto Rican employees. The repeal would roll back the current law, Act No. 80, which prohibits employees...more

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

Missouri’s 2018 Legislative Session Ends With Changes in Governance and Employment Law

In the final days of Missouri’s 2018 legislative session, lawmakers passed dozens of bills, including those related to changes to prevailing wage payments and to the merit system for state workers. As of May 30, 2018, those...more

Jackson Lewis P.C.

Employment-At-Will Comes To Puerto Rico?

by Jackson Lewis P.C. on

Puerto Rico’s Financial Oversight and Management Board and Governor Ricardo Rosselló have sent bills to the Puerto Rico legislature to repeal the Unjust Dismissal Act, Act No. 80 of May 30, 1976 (Act 80). If either bill is...more

Constangy, Brooks, Smith & Prophete, LLP

"Employment At Will" Quiz!

How much do you know about this old legal concept? Happy Memorial Day weekend, everybody! Before you head off to your holiday festivities or observances, you can test your knowledge about "employment at will."...more

Haynsworth Sinkler Boyd, P.A.

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

CloudNine

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

Littler

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

McNair Law Firm, P.A.

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

Fisher Phillips

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

Shipman & Goodwin LLP

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

Constangy, Brooks, Smith & Prophete, LLP

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

Norris McLaughlin, P.A.

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

by Norris McLaughlin, P.A. on

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

McGuireWoods LLP

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

Dorsey & Whitney LLP

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

Sands Anderson PC

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

Sherman & Howard L.L.C.

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

Dorsey & Whitney LLP

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

Littler

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

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Privacy Officer
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10 Liberty Ship Way, Suite 300
Sausalito, California 94965

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Privacy Officer
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Sausalito, California 94965

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Updates to This Policy

We may update this cookie policy and our Privacy Policy from time-to-time, particularly as technology changes. You can always check this page for the latest version. We may also notify you of changes to our privacy policy by email.

Contacting JD Supra

If you have any questions about how we use cookies and other tracking technologies, please contact us at: privacy@jdsupra.com.

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