News & Analysis as of

At-Will Employment Termination Employer Liability Issues

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

Houston Harbaugh, P.C.

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

Houston Harbaugh, P.C. on

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

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

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

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

Epstein Becker & Green

Massachusetts SJC Finds a Public Policy Exception to Employment At Will Under the State Personnel Records Law

Epstein Becker & Green on

Last week, the Supreme Judicial Court of Massachusetts (“SJC”) unanimously ruled that the state Personnel Records Law, M.G.L. c. 149, § 52C, provides for a public policy exception to employment at will. Writing on behalf of...more

Cooley LLP

Massachusetts High Court Adds Teeth to Personnel Records Law With At-Will Employment Exception

Cooley LLP on

On December 17, 2021, the Massachusetts Supreme Judicial Court (SJC) held that a termination of employment based only upon an employee’s rebuttal to a negative performance review in the employee’s personnel file violates the...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

FordHarrison

NYC City Council Passes "Just Cause" and Other Restrictions Covering Employers in Fast Food Industry

FordHarrison on

On Friday, December 17, 2020, the NYC Council passed two bills that will end “at-will” employment for fast-food workers in New York City.  The bills will take effect 180 days following Mayor de Blasio’s expected signing of...more

Seyfarth Shaw LLP

At-Will No More: NYC Council Passes Just-Cause Termination and Progressive Discipline Requirements for Fast-Food Employers

Seyfarth Shaw LLP on

The NYC Council has passed two bills that will end traditional at-will employment for fast-food employers in New York City.  The bills were sent to Mayor Bill de Blasio for signature on December 17, 2020 and will take effect...more

Littler

New York City Bills Seek to Eliminate At-Will Employment in the Fast Food Industry

Littler on

On Tuesday, December 15, 2020, the New York City Council’s Committee on Civil Service and Labor voted to approve two bills, Proposed Int. No. 1415-A and Proposed Int. No. 1396-A, that would fundamentally alter the...more

Epstein Becker & Green

International Challenges to Dismissing Employees During the COVID-19 Pandemic

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Outside of the United States, terminating employees can be difficult even in “normal” times. The concept of “at-will” employment is uniquely American, and generally, employers in non-US jurisdictions only may terminate...more

FordHarrison

Perhaps Silicon Valley’s Pied Piper Could Use Good Employment Counsel

FordHarrison on

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 Shaw LLP

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

Seyfarth Shaw LLP on

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

Seyfarth Shaw LLP

Does it Violate Public Policy to Terminate a Drunk Employee? “Absolut”-ly Not

Seyfarth Shaw LLP on

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

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

Constangy, Brooks, Smith & Prophete, LLP

"Employment At Will" Quiz!

How much do you know about this old legal concept? Happy Memorial Day weekend, everybody! Before you head off to your holiday festivities or observances, you can test your knowledge about "employment at will."...more

Constangy, Brooks, Smith & Prophete, LLP

10 Ways Employers Give Their Employees A "Bad Hair Day"

Have I missed any? A recent poll of 2,000 American workers said that people have an average of about 60 bad days a year. (People actually keep track of such things? And, define "bad.") Of those 60-some bad days a year, 80...more

Fisher Phillips

Radical Candor in the Workplace: How “Being Nice” To Employees May Place You In Legal Jeopardy

Fisher Phillips on

Is honesty really the best policy at the workplace? Some employers believe that a few little white lies might help them avoid uncomfortable situations and confrontations. It’s common for some to spare an employee’s feelings...more

Dorsey & Whitney LLP

For Any Lawful Reason: Firing an at-will employee under dubious circumstances need not lead to liability if the reason for the...

Dorsey & Whitney LLP on

A recent decision from the Sixth Circuit Court of Appeals highlights the distinction between firing an employee for personal or politically expedient reasons (which may be entirely legal) and firing an employee because of his...more

Fox Rothschild LLP

Time To Get Back To Work After Hurricane Irma – Part I

Fox Rothschild LLP on

Hurricane Irma did a number on South Florida and the Keys and while many people have no power and damage (myself included), we are all getting back to work. Over the next few days I’m going to focus my posts on post-Irma...more

Constangy, Brooks, Smith & Prophete, LLP

Before You Fire That Political Extremist . . .

If you’re a private sector employer, you can generally fire an at-will employee for his or her political beliefs or expression. The First Amendment, as we discussed last week, does not limit you. Depending on where you are,...more

Pullman & Comley - Labor, Employment and...

How Not to Fire: Lessons from President Trump for Employers.

Firing an employee does not usually make national headlines, but the recent firing of FBI Director James Comey by President Donald Trump was a notable exception. The headlines continued when President Trump appeared to offer...more

Littler

Amorphous No More – Virginia Defines "Reasonable Notice" of Termination as "Effectual Notice" in the At-Will Employment Context

Littler on

The Supreme Court of Virginia, in Johnston v. William E. Wood & Associates, Inc., No. 151160 (June 2, 2016), recently answered the question of what constitutes "reasonable notice" for terminating an at-will employee. The...more

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