News & Analysis as of

At-Will Employment Employer Liability Issues Hiring & Firing

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

FordHarrison on

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

Weintraub Tobin

California Employment News: Considerations for Employment Termination (Podcast)

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

Fisher Phillips

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

Fisher Phillips on

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

Fisher Phillips on

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

Lerch, Early & Brewer

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

Lerch, Early & Brewer on

“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

Ius Laboris

Terminations under Israeli Law

Ius Laboris on

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

Seyfarth Shaw LLP

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

Seyfarth Shaw LLP on

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

Pullman & Comley - Labor, Employment and...

The Doctrine of “Wrongful Discharge in Violation of Public Policy” Takes Flight Again in Decision of the Connecticut Supreme Court

On Tuesday, March 21, 2023, the Connecticut Supreme Court announced a significant new decision concerning lawsuits by employees alleging “wrongful discharge in violation of public policy.”  Most employers in Connecticut are...more

Burr & Forman

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

Burr & Forman on

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

Cranfill Sumner LLP

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

Cranfill Sumner LLP on

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

Orrick, Herrington & Sutcliffe LLP

Letting Go of Ex-US PEO/EOR Workers? 7 Planning Steps That Can Help Manage & Mitigate Risk

In recent years, strong economies across the globe led to substantial growth in opportunities for many companies, who increased headcount accordingly to meet new needs. As demand has slowed recently in some industries, many...more

Bodman

Employers Beware! Michigan Supreme Court Clarifies and Expands Public-Policy Exception to At-Will Employment Presumption

Bodman on

On July 15, 2022, the Michigan Supreme Court clarified and, arguably, expanded the public-policy exception to the well-established at-will employment presumption in Michigan. Although the case may conclude differently after...more

McAfee & Taft

'I got fired …. but I still want my commissions'

McAfee & Taft on

Although it involves Texas law, a recent case illustrates the pitfalls that an employer can face when a former employee makes a claim for commissions or compensation after their employment has ended. It also offers...more

Akin Gump Strauss Hauer & Feld LLP

The Drive to Co-Equal Stakeholder: The Evolving Relationship Between Employees and Their Work and Implications for Employers

A massive shift is underway in the relationship between workers and companies. Fueled in recent years by the COVID-19 pandemic and tight job market, the changes reflect not just evolving sensibilities of how employers treat...more

Cranfill Sumner LLP

[Webinar] Employment Law Roundtable 2022 - April 21st, 10:00 am - 11:00 am ET

Cranfill Sumner LLP on

Employment attorneys from our firm will discuss a range of Employment Law topics, including recognizing the importance of the agency principle, managing the manager, challenging the paradigm of no due process for at-will...more

Ruder Ware

Protecting the Farm: Employment Considerations

Ruder Ware on

“Protecting the Farm” is a common phrase associated with succession planning but employment considerations are just as important in protecting an agribusiness. Employment considerations include how to protect confidential...more

McAfee & Taft

Home Depot employee’s wrongful discharge claim hammered

McAfee & Taft on

Under some circumstances, Oklahoma law recognizes that terminated employees may pursue a public policy wrongful discharge claim against a former employer. These claims allow a narrow exception to the employment at-will status...more

Jaburg Wilk

What Arizona Employees Need to Know about Pursuing Wrongful Termination Claims

Jaburg Wilk on

Arizona is an at-will employment state. This means employers may terminate employees for any reason or no reason at all so long as the reason is not an illegal one. Several state and federal laws prohibit employers from...more

Nelson Mullins Riley & Scarborough LLP

Massachusetts Supreme Judicial Court Adds New Personnel Records Wrinkle to Public Policy Exception to Termination of At-Will...

A recent decision by the Massachusetts Supreme Judicial Court (the “SJC”) significantly expanded the Massachusetts common-law public policy exception to termination of at-will employees.  This decision, Meehan v. Med. Info....more

FordHarrison

Recent South Carolina Supreme Court Decisions May Increase Legal Risks in Employee Terminations

FordHarrison on

The South Carolina Supreme Court issued two decisions late in 2021 that may impact employers’ and co-workers’ potential liability in litigation arising from an employee’s discharge....more

Morgan, Brown & Joy, LLP

Massachusetts Supreme Judicial Court Finds that Employees Cannot be Terminated Merely for Filing a Rebuttal to a Personnel Record

On December 17, 2021, Meehan v. Medical Information Technology, Inc., the Supreme Judicial Court of Massachusetts (“SJC”) held that an employee’s filing a rebuttal to information placed in their personnel file that could...more

Seyfarth Shaw LLP

Massachusetts Supreme Judicial Court Holds That Terminating An Employee for Filing A Rebuttal to a Personnel Record Violates the...

Seyfarth Shaw LLP on

Seyfarth Synopsis: On December 17, 2021, the Massachusetts Supreme Judicial Court extended the public policy exception to at-will employment to the termination of an employee for filing a rebuttal to a personnel record. The...more

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

Massachusetts Supreme Judicial Court Rules in Favor of Worker Fired for Rebutting Negative Performance Improvement Plan

On December 17, 2021, the Massachusetts Supreme Judicial Court (SJC) ruled that an employee discharged for submitting a written rebuttal to his employer in response to the placement of negative information in his personnel...more

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