News & Analysis as of

Employment Contract At-Will Employment

Patterson Belknap Webb & Tyler LLP

Key Employment Issues for Founders

Do you have an employment agreement? Should you have an employment agreement? We are often asked whether founders need written employment agreements with their companies. Every company's culture is different. Often founders...more

Haynsworth Sinkler Boyd, P.A.

Essentials for Maintaining Employee Handbooks, Including the Latest Employment Law Updates

While not legally required, having an employee handbook is in every company’s best interest. It serves as a tool to communicate policies, procedures, and company values, providing protection for employers when they are...more

Dunlap Bennett & Ludwig PLLC

Common Misconceptions About Virginia Termination Laws

Navigating the intricate landscape of employment laws and regulations can be daunting, and Virginia’s termination laws are no exception. We often encounter clients with various misconceptions about the laws governing...more

Farrell Fritz, P.C.

At-Will Employment Agreement Plus Mandatory Redemption Clause Leaves Minority Shareholder-Employees Out in the Cold

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MiniCorp has five shareholders, all of whom are employees.  Each shareholder’s employment agreement states that they are an at-will employee of MiniCorp, and the shareholders agreement provides that when a shareholder’s...more

Jackson Lewis P.C.

Continued At-Will Employment Sufficient Consideration for Restrictive Covenants, Connecticut Court Holds

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Continued at-will employment can be sufficient consideration for an employee’s restrictive covenant agreement, the Connecticut Appellate Court has held. Schimenti Construction Company, LLC v. Schimenti, No. AC44274 (Jan. 17,...more

Burr & Forman

Employee Handbook or Employment Contract? The Alabama Supreme Court Holds Employee Handbooks Can Create Contractual Liability...

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Despite a disclaimer, the Alabama Supreme Court held the City of Montevallo’s Employee Handbook created a contract with employees that placed additional obligations on the City before it could terminate employees....more

Proskauer - Law and the Workplace

NYC Council Considering Proposal To Significantly Limit At-Will Employment and Electronic Monitoring of Employees

A proposed ordinance has been introduced before the New York City Council to generally prohibit private employers from terminating employees without “just cause” or a “bona fide economic reason.” If enacted, this proposal...more

Cranfill Sumner LLP

Business Court Holds that Employees’ Continued Work for Reduced Salaries Waived Claims for Breach of Employment Contracts

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In Gallaher, et al. v. Ciszek, et al., 2022 NCBC 67, Chief Business Court Judge Louis A. Bledsoe, III, recently held that three neonatologists who continued to work after their employer unilaterally reduced their...more

Constangy, Brooks, Smith & Prophete, LLP

ABCs of Employment Law: Employment at will

So misunderstood! NOTE FROM ROBIN: Earlier this year, I began a series of very basic explanations of the federal laws that govern the workplace. The first installment covered discrimination in general, and the second...more

Freeman Law

Are commissions owed post-termination of employment or engagement? The Procuring-Cause Doctrine Revisited

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In 1916, the Texas Supreme Court articulated the procuring-cause doctrine, which is a default rule that applies when a valid agreement to pay a commission on sales of property or product does not address whether commissions...more

BCLP

Is Continued Employment Still Enough? Given Recent Amendments to Colorado Noncompete Statute, Continued At-Will Employment May no...

BCLP on

In Lucht's Concrete Pumping, Inc. v. Horner, 255 P.3d 1058 (Colo. 2011), the Colorado Supreme Court held that continued at-will employment provides sufficient consideration for a noncompetition covenant entered into after the...more

Miles & Stockbridge P.C.

Fourth Circuit’s Reinstatement of $1.2 Million Award Highlights Risk of Arbitration Agreements

On February 24, 2022, the Fourth Circuit restored a $1,186,975.00 arbitration award for a North Carolina securities wholesaler (“Warfield”) who alleged that his former employer ICON Advisers Inc. (“ICON”) unlawfully fired him...more

Maynard Nexsen

S.C. Supreme Court Clarifies the Contractual Nature of At-Will Employment

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In Hall v. UBS, the South Carolina Supreme Court recently issued definitive answers on three certified questions in the employment law context. The opinion clarifies the following S.C. employment law issues:...more

Parker Poe Adams & Bernstein LLP

S.C. Supreme Court Finds False Reports Resulting in Termination of At-Will Employee Can Result in Legal Liability

In a decision this month, the South Carolina Supreme Court held that a third party’s intentional interference with an at-will employee can give rise to a cause of action by a former employee for tortious interference with...more

Maynard Nexsen

The South Carolina Supreme Court Issues an Important Decision on the Viability of Legal Claims by Former Employee for Termination...

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On December 1, 2021, the South Carolina Supreme Court answered three certified questions from the United States District Court for the District of South Carolina that provide clarification on the legal rights stemming from...more

Jackson Lewis P.C.

Illinois Governor Signs New Non-Compete Bill

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The Illinois General Assembly passed a major bill in May that significantly alters how and when employers can use restrictive covenants with Illinois employees. Illinois Governor JB Pritzker signed the bill into law on...more

Jackson Lewis P.C.

Ohio Decision Highlights Importance Of Business Protection Agreements With Independent Contractors

Jackson Lewis P.C. on

Just as the distinction between an individual’s status as independent contractor versus employee can have serious ramifications for wage, tax, and other legal issues, the same can be true for claims relating to unfair...more

Amundsen Davis LLC

Illinois Legislature Passes Comprehensive Non-Compete Legislation

Amundsen Davis LLC on

As reported in prior blogs, the Illinois legislature for several months has been considering amendments to the Illinois Freedom to Work Act that apply to non-compete and non-solicitation restrictions. SmithAmundsen attorneys...more

Constangy, Brooks, Smith & Prophete, LLP

The Insidious Deception That Is "Employment At Will"

Employers, don't get played. "This is an employment-at-will state, and I can fire you for a good reason, a bad reason, or no reason at all." Oh, yeah?... ...more

Seyfarth Shaw LLP

Close Was Not Close Enough: First Circuit Denies Executive’s Implied Covenant Claim For Unpaid Equity Compensation Related To A...

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Seyfarth Synopsis: On November 27, 2019, the United States Court of Appeals for the First Circuit held that, under Massachusetts law, a terminated employee asserting a claim for being deprived of lost compensation in breach...more

Dorsey & Whitney LLP

Employment Terms and Terminations: It’s Different in the States

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Employers sometimes include fixed terms of employment in their employment agreement. Sometimes a fixed term is meant to prompt the parties to renegotiate at the end of the term....more

Payne & Fears

Key California Employment Law Cases: April 2019

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This month's key employment law cases address the enforcement of arbitration agreements. Diaz v. Sohnen Enters., 34 Cal. App. 5th 126, 245 Cal. Rptr. 3d 827 (2019) Summary:  When employee continues his or her employment...more

Parker Poe Adams & Bernstein LLP

N.C. Court of Appeals Says Employer Can Require Changes to At-Will Employment Contract

Formal employment contracts can be for a specific term or may be terminated by one or both parties under certain conditions. When the agreement has no set term or can be ended by either party at any time, it is considered...more

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

What Manufacturers Need to Know About Labor and Employment Law in Canada

Manufacturers in Canada face a labor and employment environment that is much more employee and union-friendly than the United States. That said, a sophisticated manufacturing employer that is educated, strategic, and...more

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

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