News & Analysis as of

Corporate Counsel Hiring & Firing At-Will Employment

Fox Rothschild LLP

The Million Dollar ChatGPT Mistake

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I’m still haunted by the call that started my morning early Thursday. A new client needed help with the termination of an executive, immediately. Now, my spidey senses perk up whenever a client calls with a same-day...more

Jackson Lewis P.C.

California Court Upholds Employer’s Refusal To Hire Applicant Who Failed Pre-Employment Drug Test Due To Medical Marijuana Use

Jackson Lewis P.C. on

A federal court in California dismissed the disability discrimination claims of a job applicant who failed a pre-employment drug test due to medical marijuana use, holding that he did not sufficiently prove that he was...more

PilieroMazza PLLC

Recent Maryland Case Is a Reminder to Employers to Review the Language of Their Offer Letters, Employment Contracts, and Employee...

PilieroMazza PLLC on

The vast majority of states are at-will employment states, which means that an employer may terminate an employee for a good reason, a bad reason, or any reason at all, so long as the basis for termination does not violate a...more

Zuckerman Spaeder LLP

California Court Refuses to Shelve Barnes & Noble Manager’s Termination Claim

Zuckerman Spaeder LLP on

An employee without an employment contract is typically deemed to be an at-will employee. In an at-will employment relationship, the employer has the right to terminate the employee for any reason, with or without cause....more

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

Federal Court in Missouri Holds At-Will Employment Is Not Consideration for Noncompete

The end of the year is an opportune time for employers to make sure their noncompete and arbitration agreements are still valid. A recent Missouri federal court decision underscores how difficult it can be to enforce those...more

Roetzel & Andress

"No Contract" Disclaimer in Employee Handbook Upheld by Illinois Court

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Employee handbooks have long been a trap for the unwary employer that desires merely to establish a set of rules and policies without undermining an at-will employment relationship with its employees. To avoid establishing...more

Cozen O'Connor

New Decision Allows Employee Suit for Violation of Concealed Handgun Law

Cozen O'Connor on

Texas and many other states in the South have passed state laws in recent years restricting employers from terminating employees who keep their lawfully-licensed concealed handgun locked in their vehicle. For the most part,...more

PilieroMazza PLLC

No Advance Notice is Required to Terminate At-Will Employment in Virginia

PilieroMazza PLLC on

On June 2, 2016, the Virginia Supreme Court resolved a split among the lower courts and the federal district courts in Virginia regarding the notice employers are required to provide at-will employees prior to terminating...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

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

At Will? What’s That?

Did you know that employees in most countries outside the United States have a contractual right to continued employment, whether or not they have written contract? If an employer does not provide an employee with a written...more

Seyfarth Shaw LLP

Is An Offer Of At-Will Employment Adequate Consideration For A Non-Compete? Recent Court Rulings Split Three Ways

Seyfarth Shaw LLP on

Three very recent decisions reflect the irreconcilable division of judicial authority regarding the adequacy of at-will employment as the sole consideration for an otherwise valid non-compete. Compare (a) Standard Register...more

Baker Donelson

Ah, Social Media: Blurring the Lines Between Work Life and Personal Life

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Andy Warhol is quoted as saying, "In the future, everyone will be world-famous for 15 minutes." How prophetic you were Andy. These days a single post on social media can travel around the world faster than you can say Snap...more

Mintz - Employment, Labor & Benefits...

Does the Employment Relationship Convert to At-Will Upon Expiration of an Employment Agreement’s Term? Failure to Consider this...

Many employers are surprised to learn that the employment relationship does not automatically convert to “at-will” when an employee’s fixed employment term expires. Instead, when asking for clarification on this issue,...more

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