News & Analysis as of

At-Will Employment

Parker Poe Adams & Bernstein LLP

What Does a 'Hostile Work Environment' Really Mean?

Almost every week, we hear from a client that an employee has complained that they have been subjected to a hostile work environment. Sometimes the complaint requests that the company take steps to resolve these concerns,...more

Jackson Lewis P.C.

Performance Management: Employer Strategies as PIPs Come under Scrutiny

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Establishing a claim of unlawful discrimination or retaliation in the workplace requires, among other elements, that an employee show they experienced an “adverse employment action.” Since Muldrow v. City of St. Louis, 601...more

Sheppard, Mullin, Richter & Hampton LLP

The Doctor Is In—Breach: Five Pitfalls In Physician Employment Agreements

Physician employment contracts are a fact of life for healthcare employers everywhere. But drafting effective and enforceable agreements with physicians can be a tall task—one that requires a deep understanding of both the...more

Downs Rachlin Martin PLLC

It Depends – The Nuances of HR Myths

When it comes to human resources, few answers are truly black and white. “It depends” is often the most accurate—and sometimes the most frustrating—response. Employment law and HR policies exist in a world of nuance, where...more

Dorsey & Whitney LLP

“At-Will” Employment in the U.S. – It’s a Trap!

Dorsey & Whitney LLP on

Many Canadian employers expanding into the U.S. believe the U.S. legal presumption of at-will employment will provide them with additional protection against wrongful termination claims. Unfortunately for those employers,...more

Troutman Pepper Locke

Lords, Ladies, and Labor Laws: Downton Abbey and the Modern Employer — Hiring to Firing Podcast

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In this episode of Hiring to Firing, hosts Tracey Diamond and Emily Schifter swap the halls of corporate America for the grand corridors of Downton Abbey, using the beloved British period drama to unpack the real-world...more

Steptoe & Johnson PLLC

Must Employers Hit the Mute Button on Employee Activism?

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In the wake of political unrest on immigration issues, division across the nation following the Charlie Kirk assassination, and the recent discipline of a Ford Motor Co. employee for calling President Donald Trump a...more

Offit Kurman

Severance Packages: Best Practices for Calculating and Communicating Them

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Severance decisions sit at the intersection of legal risk, employee relations, and business judgment. For employers, the challenge is not simply deciding whether to offer severance, but determining how much to offer, under...more

Holtzman Vogel Baran Torchinsky & Josefiak

New Federal Rule Removes Civil Service Protections for High-Ranking Career Employees in Policy Roles

The US Office of Personnel Management (OPM) announced that it finalized a new rule establishing a new category of federal employee, designated “Schedule Policy/Career,” for high-ranking career employees in confidential,...more

Hinshaw & Culbertson - Employment Law...

How Employers Can Comply With New York’s Ban on Stay-or-Pay Agreements

Signed into law on December 19, 2025, New York’s Trapped at Work Act (the “Act”) prohibits employers from having workers execute employment promissory notes that require workers to “repay” employers if they leave their job...more

Venable LLP

Employee Performance Management: Practical Steps to Reduce Legal Risk in the Upcoming Employment Cycle

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As independent schools prepare for a new employment cycle, determining whether to invite employees to return for the 2026-2027 school year, thoughtful attention to employee performance management practices and employment...more

Roetzel & Andress

Terminating an Employee for a Breach of Contract

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In this video blog post, shareholder Ericka Adler explains what employers need to know before terminating an employee for breach. She discusses how to evaluate whether conduct actually violates the contract, notice and cure...more

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

Oregon Court of Appeals Reinforces Legal Standard for Wrongful Discharge Claims

The Court of Appeals of the State of Oregon recently held in Trumper v. Women’s Healthcare Associates, LLC that an at-will employee could not bring a wrongful discharge claim where she did not challenge the lawfulness of her...more

Fisher Phillips

What International Tech Startups Need to Know About US Employment Law: Your Top 10 List

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Expanding into the United States is a major milestone for any international tech company, but it also means entering one of the most complex employment law environments in the world. The US system is decentralized, with...more

Constangy, Brooks, Smith & Prophete, LLP

Can a member of a metal band be fired at will?

He may hate the answer. Chris Beattie, a founder of and bass player for the metalcore band Hatebreed, is suing over his dismissal from the band. According to his lawsuit, he was kicked out in November 2024 when a security...more

Hutchison PLLC

The People Problem Solvers: HR, Compliance, and Firing Fast with Chelsey Warren & Ashley Pittman

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On this episode of the Founder Shares podcast, host Trevor Schmidt is joined by Chelsey Warren, Founder and Principal of Spark People Advisory, and employment lawyer Ashley Pittman (Hutchison PLLC), who tackle the critical...more

Cole Schotz

Employee & Consultant Considerations for Start Ups

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A founder’s success may hinge on selecting a group of like-minded and passionate individuals to join the business. After all, as Steve Jobs reminds us, “a small team of A+ players can run circles around a giant team of B and...more

McNees Wallace & Nurick LLC

Social media conduct: employer guidelines for workplace postings - Update

Online interactions often have a more adversarial and less courteous tone than traditional, in-person discussions. In certain instances, an employee’s conduct on social media may escalate beyond mere disagreement and enter...more

Offit Kurman

From Onboarding to Offboarding: Building a Turnover Plan That Works

Offit Kurman on

Generally, employees are free to resign at any time. This is the core of “at-will” employment: just as an employer can decide the employment relationship can come to an end, an employee can also make that decision. However,...more

Venable LLP

Political Speech and the Workplace: Considerations for Employers

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As the political climate becomes increasingly volatile, employers may expect their employees to engage in political discourse both within and outside the workplace. Even if it occurs off-duty or online, such discourse could...more

Jaburg Wilk

Just Because You Can Doesn’t Mean You Should: A Business Reality Check

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In the world of business , I’ve seen countless entrepreneurs and executives make decisions that were technically legal but strategically disastrous. The phrase “just because you can doesn’t mean you should” isn’t just...more

Maynard Nexsen

Employee Discipline for Social Media Posting Contrary to Company Values

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From the political campaigns of 2024 through the recent tragedy of the assassination of Charlie Kirk, public discourse on social media has been active, and often provocative, divisive and offensive. We see the outpouring of...more

McAfee & Taft

Employee political speech — protected or not?

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Political discussions between employees at work become heated, negative social media political posts go viral, off-duty employees are photographed participating in off-duty protests, or workers show up at work wearing pins,...more

Epstein Becker & Green

Social Media and Employee Firings: What Employers Need to Know - #WorkforceWednesday® - Employment Law This Week®

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This week, we examine how employers should address controversial employee social media activity, especially amid widespread social tension such as that seen after the murder of Charlie Kirk. Social Media and Employee Firings...more

Fisher Phillips

Top 10 US Workplace Surprises Japanese Companies Must Prepare For – and Action Steps to Address Concerns

Fisher Phillips on

Japanese businesses expanding into the United States often focus on customers, site selection, and supply chains. But the greater shock usually comes from US workplace law. Labor and employment law in the States is...more

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