California Employment News: Considerations for Employment Termination (Podcast)
California Employment News: Considerations for Employment Termination
How to Handle Difficult Employees in Your Health Care Practice
NGE On Demand: "What do Foreign-based Employers Need to Know About U.S. Employment Law?" with Sonya Rosenberg
Employment Law Now IV-65- The Great Debate Part 2: Employee Lawyer vs. Employer Lawyer
Employment Law Now IV-64- The Great Debate Part 1: Employee Lawyer vs. Employer Lawyer
Employment Law Now IV-55 – Six Significant Developments to be On Your Radar
HR Law 101 Ep. 9: How Does USERRA Apply To Your Company?
Employment Law This Week®: Sexual Orientation Bias, Religious Discrimination, At-Will Employment Provision, Class Arbitration
What is at will employment law?
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
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
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
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
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
In its 1989 Coman v. Thomas Mfg. Co., Inc. decision, the North Carolina Supreme Court recognized a limited exception to the state’s employment-at-will doctrine. That exception allows employees to sue for wrongful discharge if...more
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
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
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
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
Massachusetts law gives employees the right to submit a written statement explaining the employee’s position when the employee disagrees with any information contained in the employee’s personnel record. This written...more
Arbitrary judgments are as old as humanity itself. Law evolved in part to try to spare us all from some of them and provide order and predictability in their place. That evolution, and occasional revolution, eventually gave...more
On January 20, 2021, an expanded five-judge panel of the Massachusetts Appeals Court issued its opinion in Terence Meehan v. Medical Information Technology, Inc., No. 19-P-1412, and affirmed a lower court decision granting...more
The Massachusetts Appeals Court, in a slip op opinion issued on January 20, 2021, decided that at-will employees can be terminated for submitting rebuttal letters pursuant to G.L.c. 149, §52C (“Section 52C”), and cannot avail...more
In Perkins v. Memorial Hospital of South Bend (Case No. 20S-CT-233), a split Indiana Supreme Court ruled in favor of an employee who was discharged after testifying against Memorial Hospital of South Bend at a coworker’s...more
I am currently bingeing my way through HBO’s Silicon Valley after not having watched the show for several years (I’ve always found it entertaining enough, but life, you know?). The series chronicles the experiences of a small...more
Seyfarth Synopsis: Does Pennsylvania’s public policy preclude a nuclear power plant from terminating an employee for being drunk on the job? “No,” the United States District Court for the Middle District of Pennsylvania...more
My articles usually analyze a particular case and the impact of the court's decision on the relationship between employers and employees. With the release of a number of decisions addressing employment at will earlier this...more
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
In Bowman v. State Bank of Keysville, the Virginia Supreme Court first recognized an exception to the employment at-will doctrine based upon an employer’s violation of public policy in the discharge of an employee. In...more
The Supreme Court of Virginia, in Francis v. National Accrediting Commission of Career Arts & Sciences, Inc., No. 160267 (Feb. 23, 2017), reaffirmed that the public policy exception to Virginia’s employment at-will doctrine...more
Employees and their counsel have been very aggressive in attempting to couch employment claims as state-law matters and filing claims in state court instead of federal court to try to avoid the federal judiciary. For various...more
An employee who is terminated from employment does not have a legal right to sue the employer simply because he believes that the termination was “unfair.” While union contracts typically contain a provision that discipline,...more
Most jurisdictions, including Connecticut, recognize a tort of “wrongful discharge” as an exception to the principle of employment at will. Although employment at will generally allows either the employer or the employee to...more