News & Analysis as of

At-Will Employment

Dickinson Wright

The Michigan Supreme Court Expands Public Policy Causes of Action for Retaliatory Discharge

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Under Michigan’s Occupational Health and Safety Act (“MiOSHA”), employers may not “discharge an employee or in any manner discriminate against an employee because the employee filed a complaint” regarding the employer’s...more

Parker Poe Adams & Bernstein LLP

Fourth Circuit Finds Internal Complaint About Care Recommendations Supports Wrongful Discharge Claim

North Carolina is an at-will employment state, but recognizes a limited exception from that rule for terminations that violate the state’s public policy. Courts have wrestled for years over the meaning of public policy and...more

FordHarrison

EntertainHR: Helping Haverford – What Parks and Recreation Teaches Us About Employee Terminations

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Parks and Recreation is a beloved mockumentary sitcom that focuses on the lives of several employees of the fictional Pawnee, Indiana’s Parks and Recreation Department. One of those characters is the sarcastic and...more

Morrison & Foerster LLP

CPSC Commissioners and Executive Power

On July 18, 2024, the New Civil Liberties Alliance (NCLA), a nonprofit civil-rights organization, filed an amicus curiae brief, encouraging the Supreme Court to grant certiorari to Consumers’ Research v. Consumer Product...more

Jackson Lewis P.C.

Will Construction Employees Enjoy the ‘Right to Disconnect’?

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Cell phone communications, emails, and texts have been around for decades. According to JB Knowledge’s 2020 Construction Technology Report, 93 percent of construction industry workers use smartphones for work purposes....more

Farrell Fritz, P.C.

Special Considerations for Law Firm Breakups

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Just a few weeks ago, I commented on a recent uptick in disputes centered on the breakup of professional services firms. In those disputes, we expect that the demands of the legal, accounting, and medical professions draw...more

Clark Hill PLC

The Learned Concierge - June 2024, Vol. 9

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The Learned Concierge - Welcome to your monthly legal insights on the trends impacting the Retail, Hospitality, and Food & Beverage Industries....more

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

Clark Hill PLC

Colorado Court of Appeals Adopts Definition of “Actual Discharge” Applied by Federal Courts in Colorado Employment Law Wrongful...

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In a case of first impression in Colorado, the Colorado Court of Appeals adopts a test for evaluating a claim of actual discharge under Colorado law. In this Colorado employment law case, Plaintiff ex-employee, Ms. Potts,...more

Weintraub Tobin

California Employment News: Considerations for Employment Termination (Podcast)

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Considerations for Employment Termination Navigate California's at-will employment landscape, ensuring professionalism and legality in employee termination. Nikki Mahmoudi and Tomiwa Aina of Weintraub Tobin's Labor and...more

Weintraub Tobin

California Employment News: Considerations for Employment Termination

Weintraub Tobin on

Considerations for Employment Termination Navigate California's at-will employment landscape, ensuring professionalism and legality in employee termination. Nikki Mahmoudi and Tomiwa Aina of Weintraub Tobin's Labor and...more

Adams and Reese LLP

Employer-Employee Considerations and Tips for Veteran Business Owners

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“People don’t do what you expect, but what you inspect.” – Louis V. Gerstner Jr., former CEO of IBM. Gerstner’s quote is often repeated in the military and in business. It is a proactive strategy leaders can implement to...more

Saul Ewing LLP

Pennsylvania Supreme Court Holds Employees Can Sue Third Parties for Interfering with Existing At-Will Employment Relationships

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In February 2024, the Pennsylvania Supreme Court issued a decision reconciling precedent in Pennsylvania courts regarding claims for tortious interference with employment relationships. Previously, Pennsylvania courts...more

Houston Harbaugh, P.C.

Court Ruling Shows Misunderstandings about Employment At-Will & Legal Claims

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A recent Pennsylvania Supreme Court decision regarding an employment at-will defense serves as a helpful reminder to employers and employees by illustrating misunderstandings amongst courts regarding the scope of the...more

Fisher Phillips

Can You Lay Off Remote Workers First? 4 Key Considerations for Employers Facing RIFs

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Here’s the scenario: You were just told that your company needs to reduce its workforce by 10%, and it’s your job to put together an action plan for this grim assignment. But there’s a catch. The leadership team wants you to...more

Fisher Phillips

When Employees Speak Out: An Employer’s Playbook for Responding to Controversial Opinions

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Many people feel emboldened to publicly share their views on all sorts of controversial topics these days – politics, international relations, religion, culture, or any number of other incendiary areas where there are bound...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

Parker Poe Adams & Bernstein LLP

Employer Justified in Terminating Manager Over Disparaging Mask Mandate Comments

Litigation over employment issues relating to the COVID-19 pandemic is finally reaching the trial and appellate courts. This week, the Tenth Circuit Court of Appeals affirmed dismissal of a lawsuit from a warehouse manager...more

Lerch, Early & Brewer

Clint Eastwood, Common Employer Mistakes, and Happy Plaintiffs’ Attorneys

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“Go ahead, make my day” – catchphrase from the 1983 film, Sudden Impact, spoken by the character Harry Callahan, played by Clint Eastwood. With a nod to Clint Eastwood, below are 12 things that employers do (or fail to...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

Ius Laboris

Terminations under Israeli Law

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Termination of employment in Israel can be for any good reason. But employers need to take care to follow the right procedure, and to be aware of local protections and culture....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

Carlton Fields

New York Appellate Court Reverses Order Compelling Arbitration, Holds Collective Bargaining Agreement Arbitration Provisions...

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New York statutes classify certain civil service positions as exempt where such positions are confidential in nature and require personal qualities that cannot practicably be tested by an examination. These positions are...more

Seyfarth Shaw LLP

New York State’s Proposed At-Will Prohibition: The “Big Apple” Does Not Fall Far From the Tree

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Seyfarth Synopsis: Like the New York City Council, the New York State legislature is considering a bill to effectively abolish at-will employment. If passed, the State bill would prohibit employers from discharging employees...more

BakerHostetler

New and Proposed New York and New York City Legislation

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The BakerHostetler Labor and Employment Practice Group keeps a close watch on new and upcoming employment and labor laws that could have a significant impact on our New York-based clients. This alert highlights just some of...more

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