Job Offer Letters Can Destroy At-Will Status
Nixon Peabody LLP
This article discusses how an employer can convert an at-will employee into a fixed duration employee through their own inadvertence or mistake.
What Are The Benefits Of Having An Employment Contract?
Mansfield, Tanick and Cohen, P.A.
A written employment hiring contract may be the employee's most powerful vehicle for altering the normally rather o.
Does a Social Security Mis-Match Letter Obligate an Employer to Re-Verify an Employee's Employment Eligibility Status? MaybeÃÂ
Sherry L. Travers of Thompson, Coe, Cousins & Irons, LLP
Because of a recent change in government policy, however, SSA is now sending mis-match letters to employers whose wage reports reflect any mismatch with SSA records. This means employers nationwide are far more likely to receive such letters than in prior years.
Employment Termination in Pennsylvania
Michael F. X. Gillin & Associates, P.C.
Most Pennsylvania employment relationships in the private sector are considered legally to be "at-will" relationship.
Workers' Compensation Has Jurisdiction Of Claim Against Co-Employee
Law Office of Jon L. Gelman
Co-employee immunity was permitted to be invoked in a claim where the fellow employee was not on the actual job site during the time period that the co-worker was injured.
Working Out Mitigation: Some recent issues in the form of reasonable notice and the duty to mitigate
of Paliare Roland Rosenbrug Rothstein LLP
In dealing with the dismissal of any employee, both the employee and the employer must negotiate a host of legal minefields. Two central concerns in navigating the end of the employment relationship are the employer?s duty to provide reasonable notice and the employee?s duty to mitigate the loss of his or her position.
How to Hire the Best and Brightest
Jacques M. Wood of Buchanan Ingersoll & Rooney PC
INTRODUCTION "I don't hire anybody not brighter than I am. If they're not smarter than me, I don't need them." - .
Managing the Borderline Employee.
John W. Hamlin of Paul, Hastings, Janofsky & Walker LLP
Borderline employees must be managed resourcefully to maximize the possibility of rehabilitating them, if that is management's goal, or to minimize the potential for litigation in the wake of termination.
Contracts for Life-time Employment Must be in Writing
Ford & Harrison LLP
The Illinois Supreme Court ruled recently that a contract for lifetime employment is not enforceable if it is not i.
Illinois Appellate Court Invalidates Handbook Disclaimers
Ford & Harrison LLP
In 1987, the Illinois Supreme Court ruled in Duldulao v. St. Mary of Nazareth Hospital Center that under certain ci.
Employment Issues For Start-Ups
Marla Grossman
A summary of important labor and employment issues an employer should be aware of in operating a business.
What Should Be Included In Your Personnel Handbook: Part II
Louis C. Rabaut of Warner Norcross & Judd LLP
This articles discusses the major topics to include in an employee handbook.
North Carolina Court Of Appeals Recognizes Wrongful Discharge Claim Based on Employer's Failure to Follow State Drug Testing Law
Duff, White & Turner, LLC
In Garner v. Rentenbach Constructors, Inc., 129 N.C. App. 624, 501 S.E. 2d 83 (1998), the North Carolina Court of .
Do Your At-Will Employees Have an Employment Contract?
Eric B. Johnson of Quarles & Brady LLP
Some Arizona employers may be surprised to learn that their "at-will" employees have employment contracts. The Arizona Employment Protection Act explicitly states that the employment relationship is contractual in nature. This means that even if you do not have a written agreement with an employee, you still have a contract, but it is made up of all the promises, whether verbal or written, exchanged between the parties.
Ring in the New Year with an Updated Employee Handbook
Douglas B. M. Ehlke of Ehlke Law Offices
Employee handbooks serve to communicate personnel policies, workplace rules, benefits, and work standards in an integrated manner. Handbooks provide supervisors and HR personnel with a reference guide for implementing and enforcing company policies and rules. The proper use of handbooks contributes to uniform, consistent, fair treatment of em-ployees.
Documenting Employee Discipline: Developing and Implementing Documentation Procedures To Protect Your Organization
Daniel W. Long of Modrall Sperling
Many managers or supervisors feel that their time would be better spent performing more mission-critical tasks than documenting the ups and downs of particular employees. Although legal counsel and human resources consultants are constantly repeating "document, document, document," many managers and supervisors put off such documentation and give it a low priority.
Recent Change to Employment-At-Will Doctrine
Kaufman, Payton & Chapa
In Toussaint v Blue Cross & Blue Shield of Michigan, 408 Mich 579 (1980), the Michigan Supreme Court was in the van.
The New Shanghai Employment Contract Regulations Interpreted by Implementation Rules
Ron Rongwei Cai of Davis Wright Tremaine LLP
Effective May 1, 2002, all employment contracts in Shanghai need to comply with the new Shanghai Municipality Employment Contract Regulations. In late April, 2002, the Shanghai Administration of Labor and Social Security issued the Notice on Several Issues regarding Implementation of Shanghai Municipality Employment Contract Regulations to clarify and interpret the Regulations.
Notice to Employers: Employment Law Compliance Audits
Smith, Elliott, Smith & Garmey, P.A.
While it is standard practice for most companies to audit business operations to protect their financial interests,.
Employment Contracts and Severance Agreements: The Devil is in the Details
Sandra J. Creta and Robert K. Jones of Quarles & Brady LLP
The Arizona Court of Appeals recently decided Swanson v. The Image Bank, Inc., a case that illustrates the importance of getting the details right when dealing with employment documents.
The Employment Paper Trail: Using Documentation and Performance Appraisals to Avoid the Potholes
Mark R. Hornak of Buchanan Ingersoll & Rooney PC
INTRODUCTION Employment documentation begins well before an individual comes to work for you, and it continues aft.
What goes into an Employment Contract. . . And Why
Larkin Hoffman Daly & Lindgren Ltd.
Most people work without a written employment contract because they don''t need oneÃÂthere is no point in drafting a contract when the deal is the usual exchange of services for a bi-weekly salary plus standard benefits. When the arrangement varies from the plain vanilla "employment at will" relationship, however, one or both of the parties may want a written agreement.
At-Will Employment and Wrongful Discharge
Timothy Mark Bowman of Cooper & Forbes
In Ohio, non-contract employees work at the will of their employer. This means that an "at-will" employee can be .
Expungement: The Answer to an Employment Background Check in This Era of Heightened Security
George F. Yuska of Stark & Stark
Since September 11th, corporate America has substantially increased the amount of security checks it performs on its employees. These security background checks are being performed not only on new employment applicants, but also on corporate America's existing employees. The huge volume of background checks have caused many ordinary people, who have for years felt comfortable and otherwise secure with their niche in the workplace, to lose their jobs.
Are You A "Best-Workplace" Employer?
Workplace Resolutions, Ltd.
In the past year, how many employees have voluntarily left your company? Have you had any charges or complaints.
Bankruptcy Court Rejects Unfunded Benefits Clause In Employment Contract
Tydings & Rosenberg LLP
In December 1996, the U. S. Bankruptcy Court for the District of Maryland ruled in Maryland Paper Box Company that .
North Carolina Supreme Court Finds No Exception to Employment-At-Will Based on New Employee's Relocation
Duff, White & Turner, LLC
In Kurtzman v. Applied Analytical Industries, Inc., the North Carolina Supreme Court recently overturned a jury's .
OSHA Provides Exclusive Remedy for Wrongful Discharge
Paul, Hastings, Janofsky & Walker LLP
Burnham, the office manager of the defendants'' dental office, filed an anonymous complaint with the Connecticut State Dental Association alleging that the defendants engaged in unsanitary practices in violation of OSHA.
Recent Settlements for Enormous Monetary Sums Highlight the Risks for Employers in Employment Cases
Derek Langton of Parsons Behle & Latimer
Two recent settlements, one by the Coca-Cola Company and another by Microsoft Corp., both for enormous sums of money, highlight the ever-present risks faced by defendant employers in employment cases.
Tips For Handling Terminations
Paul F. Mickey of Pillsbury Winthrop Shaw Pittman LLP
The most seasoned executive often turns into a white-knuckled novice when the time comes for a difficult termination. Ending an employment relationship is never easy, but some termination meetings seem certain to be particularly contentious.
Procedures To Reduce the Risk of Litigation and Liability for Discharges
Kevin Lilly and Enrique L. Muoz of Littler Mendelson, P.C.
Through a case study this article warns companies that their liability insurance may not cover them in employment related lawsuits and gives advice on how to limit liability in such cases.
Good News for Employers: Good Faith Can Be Good Enough in Terminations
Brenda J. Frank of Wilson Sonsini Goodrich & Rosati
This article summarizes the 1998 California Supreme Court decision, Cotran v. Rollins Hudig Hall International. The author reviews the Cotran holding and implications of that decision on employers.
Employee Evaluations
Songstad & Randall
Poorly implemented employee performance evaluation systems can be a source of increased risk for employers.
Business Advice for Residents and Fellows
Bruce D. Armon of Saul Ewing LLP
After the completion of medical training, many senior residents and fellows embark upon the initi.
Preventing Lawsuits for Wrongful Termination
Norman H. Kirshman
Introduction: Persons whose employment status is "at-will" and who: are not covered by an anti-discrimination stat.
Fraud In The Hiring Process
Songstad & Randall
A California court has recently expanded an employer's liability for fraud in connection with representations made .
Following Spouse to New Job is Held Good Cause for Termination of Employment
Keller & Associates, P.C.
It was either a victory for family values or, as a dissenting judge described it, an unfair and unauthorized .
Employment Contracts--When Do You Have One?
John H. Chambers of Jordan Schrader Ramis PC
Oregon law has long followed the general rule that an employer may terminate an employee "a.
Executive Termination
Jennifer Pink of Lexpert
"Nasty, brutish and short" was how the 17th century English philosopher Thomas Hobbes described civil life without the stabilizing presence of a monarchical system.
What Rights Do At-Will Employees Have?
Mansfield, Tanick and Cohen, P.A.
Most employees in this country are known as "at will" employees. This means that they can be terminated or otherwi.
Employee Handbooks: Are They Still Effective?
Jay A. Zweig of Gallagher & Kennedy, P.A.
The Arizona Supreme Court has ruled that employers may not change employee handbooks or other personnel policies, u.
Employment At Will In Georgia
Kay A. Giese of Kay A. Giese, P.A.
It happens more often than people like to think. The boss calls an employee into her office for a meeting.
Employment Law Group Update: Supreme Court Expands "Whistleblower" Public Policy Exception
Wilson Sonsini Goodrich & Rosati
This update discusses the California Supreme Court's opinion in Green v. Ralee Engineering Company, in which the Court ruled that administrative regulations may be a source of "public policy" that limits an employer's right to terminate an otherwise at-will employee.
Offer Letters
Burns & Levinson LLP
In an effort to bind employees to certain duties without creating an employment contract, many employers are sending offer letters setting forth the terms and conditions of an employment relationship and requiring employees to sign them to show their acceptance of such terms and conditions. However, in doing so, employers may be binding themselves to certain obligations to which they never intended to be bound. Northeast Real Estate Services, LLC was one such employer.
Utah Courts Keep Scope of Public Policy Exception Narrow
Christina Jepson Schmutz of Parsons Behle & Latimer
In two recent cases, the Utah Supreme Court and Utah Court of Appeals clarified the circumstances under which an employee can prevail against an employer for termination in violation of public policy.
What Should I Take Into Consideration Before Terminating an Employee?
Ryan, Swanson & Cleveland, PLLC
When the personnel department looks at a request for termination, it must fit the questions considered to the circu.
Guidelines to an Effective Termination
Alicia J. Farquhar and Jill Marsal of Wilson Sonsini Goodrich & Rosati
This article reviews the appropriate factors an employer should consider in assessing whether to terminate employment.
The South Carolina Court of Appeals Rethinks its Broad Interpretation of Public Policy Cases
Gallivan, White & Boyd, P.A.
South Carolina courts have long recognized the doctrine of at-will employment, which allows either the employer or.
Yes, You Can Still Prohibit Guns in Your Workplace
Tamara Hjelle Olsen of Gray Plant Mooty
Minnesota's recently-passed concealed weapons law raises a host of questions for Minnesota employers. Among the most pressing are whether Minnesota employers are still permitted to prohibit guns in the workplace, and whether new gun safety policies should be adopted. Unfortunately, until Minnesota courts have had a chance to interpret the new law, few answers will be known with absolute certainty.
Employment at Will in Pennsylvania: The Basics
Lawrence S. Markowitz of Markowitz & Krevsky P.C.
Since 1891, Pennsylvania has subscribed to the theory of employment at will. Thus, as the.
Outsourcing Your Human Resources
Louis C. Rabaut of Warner Norcross & Judd LLP
This article explores some of the legal issues that may be raised as a result using alternative employment methods.
Supreme Court Clarifies Method for Counting Employees under Title VII
Ford & Harrison LLP
The U.S. Supreme Court has adopted the "payroll" method of counting employees to determine whether an employer sati.
What Should Be Included In Your Personnel Handbook: Part I
Louis C. Rabaut of Warner Norcross & Judd LLP
This articles discusses the major topics to include in an employee handbook.
Tuition Repayment Contract Enforced by Employer
Bodman LLP
Employee training and tuition assistance or reimbursement programs can be very costly. The worth of such programs i.
Carolinas Employers Should Evaluate Mexican Labor Laws Before Going into Business in Mexico
Duff, White & Turner, LLC
During the last two years, a record number of Carolinas-based employers have started doing business in Mexico, in .
Effectively Ending an Employment Relationship
Dena L. Narbaitz of Steefel, Levitt & Weiss
When an employment relationship turns sour, it is only natural for any employer to think about ending that relationship. Typically, the employer wants to be able to simply move on by having the employee go away. Termination may indeed be the solution, but if not done properly, the employee may continue to remain a problem. Failing to properly handle the termination process can lead to the even less enjoyable experience of defending an expensive lawsuit filed by the former employee Â? whether that lawsuit is meritorious or not.
Protecting Podiatric Medical Practices From Employment Lawsuits
Stein, Sperling, Bennett, De Jong, Driscoll & Greenfeig, P.C.
Employees of podiatric medical practices across the nation are suing their employers. Claims include wrongful disch.
Beware of Social Security Mis-Match Letters
Sherry L. Travers of Thompson, Coe, Cousins & Irons, LLP
Employers are, because of a recent change in government policy, more likely to receive "mis-match letters" from the Social Security Administration (SSA).
South Carolina Supreme Court Rules that Verbal Job Promise Did Not Create Employment Contract
Duff, White & Turner, LLC
The South Carolina Supreme Court has decided that a supervisor's alleged promise that an at-will employee would ha.
Washington is an At-Will State -- Isn't It?
Karen Sutherland of Ogden Murphy Wallace, P.L.L.C.
Under most circumstances, Washington is an at-will state, but there are exceptions that attorneys who advise employers or employees should be aware of. These exceptions have developed over time and are still evolving.
Cameraphones: Innocuous Gadgets Or Workplace Threats
Barbara M. Roth and Lauren G. Krasnow of Torys LLP
Cameraphones--the latest ubiquitous technology--come with their own dangers. Although no federal or state laws yet regulate the use of cameraphones in the workplace per se, inappropriate use of cameraphones can violate myriad laws already on the books.
The New Deal: H-1B Nonimmigrant Visa
Law Offices of Richard A. Gump, Jr.
As we have previously reported, the H-1B nonimmigrant visa for specialty occupations was unavailable for much of .
Self-Audits Of Employment Practices
John C. Cashen of Bodman LLP
A. Introduction With the complexity of statutes and regulations affecting the workplace, every employer can bene.
Public Policy Disability Claim Allowed in Virginia
Woods Rogers PLC
A man claiming he was fired because he had a disability can bring a common-law action based on the public-policy ex.
California Supreme Court Approves Termination Based On Reasonable Belief That Employee Misconduct Occurred
This report discusses what constitutes "good cause" to terminate an employee under an implied contract requiring good cause.
South Carolina Supreme Court Rules After-acquired Evidence of Employee Misconduct May Bar Breach of Contract Lawsuit
Duff, White & Turner, LLC
In Lewis v. Fisher Service Co., a January 1998 decision, the South Carolina Supreme Court held that "after-acquire.
Preserving the At-Will Relationship
Gabrielle M. Wirth of Brobeck Phleger & Harrison LLP
Here is a discussion relating to retaining at-will employment status.
Virginia Plaintiff Finds New Loophole To Sue Employer For Wrongful Discharge
Steven R. Minor of Elliott, Lawson & Minor P.C.
In Virginia, the state of the law regarding wrongful discharge continues to change, as plaintiffs' lawyers have now.
Michigan Supreme Court Rules That Tuition Contracts for On-The-Job Training Violate Wages and Fringe Benefits Act
Bodman LLP
The Michigan Supreme Court recently ruled that an employer violated the Wages and Fringe Benefits Act ("WF.
To Fire or not To Fire: Practical Tips Related To Discharge and Disclosure of Information about Terminated Employees
Eric T Levine of Paul, Hastings, Janofsky & Walker LLP
"Discharged," "terminated," "adversely affected" - or the slightly less eloquent "canned," "booted," "deep sixe.
How to Fire Your Best Friend
Jacques M. Wood of Buchanan Ingersoll & Rooney PC
INTRODUCTION While employment lawsuits arise out of all sorts of circumstances, the event that still triggers most.
Ten Tips For Workplace Success
Phillip J. Trobaugh of Mansfield, Tanick and Cohen, P.A.
Employers and Employees need to work together in order to be efficient and productive.
Hiring with Confidence
David T. Barton of Quarles & Brady LLP
The single best predictor of an applicant's potential performance as an employee is the strength of the applicant's references. Yet many Arizona employers fear that providing honest reference information may result in defamation lawsuits.
Employment Law Overview For Colorado
James C. Bull of Bucholtz & Bull PC
While Colorado case law continues to refer to the concept of "employment-at-will" meaning that if there is no agree.
Top Five Myths In The Workplace
Songstad & Randall
Employers often share misconceptions about laws related to the workplace. Here are the top 5 workplace myths: My.
Worker's Compensation and Wrongful Discharge/Public Policy Claims in Nebraska
Robert F. Rossiter of Fraser Stryker PC
Nebraska has long adhered to the "employment-at-will" doctrine and has recognized, in many cases, a contract exception to that doctrine. While the Nebraska Supreme Court has declined to adopt a "good faith and fair dealing" exception to the doctrine, the Court has recognized, in a few cases, a public policy exception to the employment-at-will doctrine.
Severance Pay Taxable
Stephen H. Cypen of Cypen & Cypen
The U.S. Court of Appeals for the Fifth Circuit has decided that the entire amount of a separation severance paymen.
No Duty of Good Faith and Fair Dealing in the Employment Context
Barry J.E. Greve of Thompson, Coe, Cousins & Irons, LLP
This article reviews the implications of a Texas Supreme Court decision, City of Midland vs. O'Bryant, whereby the court held that there is no cause of action in Texas based on a duty of good faith and fair dealing in the context of the employer/employee relationship.
Avoiding An "Implied" Employment Contract Or Drafting A Favorable One: A Primer
Nancy A. Newark of Burns & Levinson LLP
Employers sometimes inadvertently create employment contracts. This type of contract is implied by the employer?s actions and is binding on the employer - though it may be difficult to prove. Because an implied employment contract may arise during any communication with a potential new hire or employee, it is essential that all employers consider the implications and possibility of creating a binding contract when communicating with potential and existing employees.