The employment at-will doctrine withstood another challenge. Last week on May 8, the New York Court of Appeals affirmed the First Department and rendered a decision refusing to create an employment at-will exception for a corporate compliance officer who complained of security trade irregularities to the security firm's principal, Sullivan v. Harnisch, 2012 NY Lexis 984, 2012 NY Slip Op 3574 (May 8). In so ruling, the Court of Appeals reaffirmed its 1983 holding in Murphy v. American Home Products Corp. (58 NY2d 293) that New York does not recognize a claim for wrongful discharge of an at-will employee, Sullivan, at p. 1.
In most American workplaces, at-will employment clauses in employee handbooks and agreements are as common as break room water coolers. But recent cases brought by the National Labor Relations Board alleging that some at-will policy agreements violate federal law have employers and their attorneys on alert.
In Dec 6, 2006, a Pennsylvania federal district court affirmed that not only does Pennsylvania law presume that all employment is at-will, and, therefore, an employee may be discharged for any reason or no reason, it also placed a heavy burden of proof on employees to overcome that presumption. This article argues that the at-will regime does not exclude judges from examining employer decisions. In addition, and far more important, it contends that it ill serves employers. If this is true, then it ill serves the economy and the national interests. The argument is that there is no empirical evidence that at-will employment has a positive effect on the economy. There is evidence that an at-will employment regime does not prevent litigation. There are reasons to believe that employers woul...
Introduction I. History of the Employment-At-Will Doctrine II. Evolution of the Public Policy Exception to the Employee-At-Will Doctrine A. Texas B. Utah C. Ohio D. New Jersey III. New York State Courts' Lack of Progress Adopting a Public Policy Exception to the Employee-At-Will Doctrine IV. A Review of the Specific Tests Used by other Jurisdictions in an Effort to Create a Recommendation for New York Conclusion
ver las páginas en versión mobile | web
ver las páginas en versión mobile | web
© Copyright 2013, vLex. All Rights Reserved.
Contents in vLex United States
Explore vLex
For Professionals
For Partners
Company
Other interesting searches:
Catholic Bishops | Wilhelm Simson | John Milne | sales agreement forms free | E L C O M | franklin adaul hernandez colina | ecosistema equilibrio ecologico | secretario judicial promocion interna | gaceta venezuela movil | instalar msn
