at will employment

• Employment at will

• At-Will Employment

Background In many employment situations, the law generally considers the employment relationship to be terminable at the will of either pa...

• Gale Encyclopedia of Everyday Law
• Labor Law

• Why at-Will Employment Is Bad for Employers and Just Cause Is Good for Them

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...

• Labor Law Journal
• Vol. 58 Nbr. 1, April 2007

• Commentary: Advocate's View: No Employment at-Will Exception for Compliance Officer

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.

• Daily Record (Rochester, NY)
• May 23, 2012

• Employment at-will.

The doctrine of employment at-will emerged as the predominant rule in wrongful discharge cases in America during the latter part of the 19th century. ...

• Journal of Legal, Ethical and Regulatory Issues
• Vol. 11 Nbr. 1, January 2008

• At-Will Employment Takes Another Hit In New Jersey As Maternity Leave Policy Gives Birth To Implied Employment Contract

In Lapidoth v. Telcordia Technologies, Inc., the Appellate Division of New Jersey's Superior Court concluded that, although an employee's year-long ma...

• Mondaq Business Briefing
• United States Law Articles in English

• Righting Wrongful Discharge: A Recommendation for the New York Judiciary to Adopt a Public Policy Exception to the Employment- At-Will Doctrine

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

• Cardozo Public Law, Policy and Ethics Journal
• Nbr. V-1, January 2007

• New York's Highest Court Re-Affirms At-Will Employment Rule

In a 5-2 decision, the New York State Court of Appeals in Sullivan v. Harnisch, No. 82, 2012 N.Y. Slip. Op. 03574 (N.Y. May 8, 2012), refused to exten...

• Mondaq Business Briefing
• United States Law Articles in English

• Big Brother in the Big Apple: Subtle Erosion of Employment at Will?

If you are an employer doing business in New York, you have taken great comfort over the years in citing the "at will" nature of an employee's job sta...

• Mondaq Business Briefing
• Nbr. 2010, January 2010

• Default rules, wealth distribution, and corporate law reform: employment at will versus job security.

Maximization of shareholder profits may not be the best legal standard of corporate management. Primacy of shareholder interests can lead to job loss and detriment to the surrounding community. Wealth differentials mediate against the equal bargaining power assumed in the pervasive contractual default rule. Corporate law reform should allow for job security by modification of the contractual default rule and the at-will employment contract standard.

• University of Pennsylvania Law Review
• Vol. 146 Nbr. 4, April 1998

• 'At-Will' Employment Still has Regulations

It's one of the toughest questions an employer will have to ever ask whether to terminate an employee. The 'hows,' the 'whens' and the 'whys' all have...

• State Journal, The
• August 11, 2009