News & Analysis as of

Wrongful Termination At-Will Employment

Jackson Lewis P.C.

Puerto Rico Supreme Court Reaffirms Importance of Just Cause for Employee Terminations

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The Puerto Rico Supreme Court recently issued a decision reaffirming the importance of just cause for employment terminations in Puerto Rico. Méndez Ruiz v. Techno Plastics Industries, Inc., No. 2025 TSPR 68 (June 26, 2025)....more

Constangy, Brooks, Smith & Prophete, LLP

No wrongful discharge claim based on exercise of rights under state Constitution, Tennessee high court says

The Tennessee Supreme Court has recently held that there is no legal claim for wrongful discharge where an employer terminates an employee because the employee exercised a right set forth in the state Constitution. The...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

Clark Hill PLC

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

Clark Hill PLC on

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

Adams & Reese

Employer-Employee Considerations and Tips for Veteran Business Owners

Adams & Reese on

“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

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

BakerHostetler

New and Proposed New York and New York City Legislation

BakerHostetler on

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

Saiber LLC

New York State Senate Introduces New Wrongful Discharge Law

Saiber LLC on

On March 6, 2023, the New York State Senate introduced Senate Bill S05459, the Safeguarding Employees and Accountability for Termination (“SEAT”) Act, which, if enacted, will eliminate at-will employment in the State of New...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

Cole Schotz

The End of At-Will Employment in New York?

Cole Schotz on

New York State and New York City are currently considering bills that would effectively end at-will employment. On March 6, 2023, a trio of New York State Senators introduced Senate Bill S05459, which, if passed, will...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

Parker Poe Adams & Bernstein LLP

North Carolina Court Says State Disability Rights Law Does Not Preclude Wrongful Discharge Action

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

Parker Poe Adams & Bernstein LLP

North Carolina Court Says State Disability Rights Law Does Not Preclude Wrongful Discharge Action

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

Miles & Stockbridge P.C.

Fourth Circuit’s Reinstatement of $1.2 Million Award Highlights Risk of Arbitration Agreements

On February 24, 2022, the Fourth Circuit restored a $1,186,975.00 arbitration award for a North Carolina securities wholesaler (“Warfield”) who alleged that his former employer ICON Advisers Inc. (“ICON”) unlawfully fired him...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

ArentFox Schiff

Massachusetts Supreme Judicial Court Rules Termination of Employee for Filing a Personnel File Rebuttal May Support a Claim for...

ArentFox Schiff on

The Massachusetts Supreme Judicial Court has issued a unanimous opinion in Meehan v. Medical Information Technology, Inc., holding that the termination of an at-will employee for exercising the statutory right of rebuttal to...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

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

Proskauer - Law and the Workplace

Massachusetts Creates Exception to At-Will Employment for Employees Exercising the “Right of Rebuttal”

On December 17, 2021, the highest state court in Massachusetts held that an employer may not terminate an employee solely for exercising his right to file a rebuttal to be included in his personnel file....more

Gray Reed

Falling Off the Fence: Can You Fire Those with Different Viewpoints?

Gray Reed on

Ernest “Big Daddy” Bux’s daughter Kathy “Kitten” was working for Approval Literary Agency in Blessing, Texas – that is until last month. Kitten, an associate literary agent with Approval Literary was sacked after her boss...more

Vinson & Elkins LLP

New York City Kills At-Will Employment For Fast Food Workers

Vinson & Elkins LLP on

I was recently asked to speak to a Human Resources Management class at a local university about how American employment law is different from employment laws in other countries. While there are many things that distinguish...more

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

Massachusetts Appeals Court Reinforces Narrow Interpretation of Public Policy Exception to At-Will Employment

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

Proskauer - Law and the Workplace

Massachusetts Appeals Court Weighs In On Public Policy Exception To General At-Will Employee Termination Clause

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

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