at will employment contract

• 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

• Vaughn v. Lake Metro. Hous. Auth., (Ohio 2010)

CIVIL LAW – breach of employment contract; employment at will; defamation.

• Ohio Supreme Court

• Leroy Studies Contracts for All Supervisors

LeROY - The LeRoy City Council will seek more information before deciding whether to offer contracts to employees with supervisory duties. The council is considering a request for an employment contract from Police Chief Gordon Beck, who worked under a one-year contract when he was hired in September 2005. Since his contract expired, he has worked as an at-will employee whose employment has been approved by the City Council annually.

• The Pantagraph Bloomington, IL
• April 14, 2011

• Accommodating for the Work/Family Conflict: A Proposed Public Policy Exception

Introduction II. Work-Family Conflict In The Changing Workforce Demographic A. Historical Overview of the Changing Workforce: Filling the Gaps B. Workforce Statistical Analysis III. Current Avenues Of Relief From The Work-Family Conflict A. The FMLA and its Work-Family Shortcomings B. Title VII and its Work-Family Shortcomings IV. The Employment At Will Doctrine And Its Current Exceptions A. Contract-Based Exceptions to the Employment At Will Doctrine B. State Public Policy Exceptions to the Employment At Will Doctrine V. A New Proposal: Fitting A Work-Family Exception Into The Scheme A. Incorporating a Civic Duty Exception B. Incorporating an Exception for Exercising the Statutory Right to be a Parent C. Creating a New Comprehensive Exception 1. The Public Poli...

• The Journal of Gender, Race & Justice
• Nbr. 8-1, May 2004

• Wissler v. Ohio Dept. of Job & Family Servs., (Ohio 2010)

Judgment in favor of ODJFS on wrongful discharge in violation of public policy and breach of contract claims was not error. Appellant failed to demonstrate ODJFS lacked an overriding legitimate business justification for her dismissal. Performance management plan and document extending initial probationary period did not modify appellant's at-will employment nor create an implied in fact contract. At-will employment can be terminated at any point during a period of probationary employment, pursuant to R.C. 124.27.

• Ohio Supreme Court

• 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

• Galgoczy v. Chagrin Falls Auto Parts, inc., (Ohio 2010)

Summary judgment; employment at-will; implied contract; promissory estoppel; reasonable reliance; disclaimer

• Ohio Supreme Court

• Physician Employment: At-Will Employment Contract Does Not Insulate Employer From Claim Based On Violation of State Public Policy-Lopresti V. Rutland Reg'l Health Servs., Inc.1

In the case of LoPresti v. Rutland Regional Physician Group Inc, the Supreme Court of Vermont held that a contract provision allowing an employer to terminate an at-will employee with or without cause does not insulate the employer from a claim based on the violation of public policy. The court reversed a summary judgment decision dismissing the claim of the plaintiff, Dr Leigh LoPresti, of wrongful discharge in violation of Vermont public policy, affirmed a summary judgment decision dismissing the plaintiff's alternate claims of promissory estoppel and breach of an implied covenant of good faith and fair dealings, and remanded the case for further proceedings.

• American Journal of Law and Medicine
• Vol. 31 Nbr. 1, January 2005

• Able/S.S., Inc. v. Canfield, (Ohio 2002)

EMPLOYMENT RELATIONS – summary judgment; extension pursuant to Civ.R. 56(F); breach of employment contract; at-will employment doctrine and exceptions thereto; employment for a specific duration; contractual reimbursement; agency relationship; statute of frauds; fraudulent misrepresentation; falsifying financial statements; investing corporate funds; elements of conversion.

• Ohio Supreme Court

• Isaac v. Alabanza Corp., (Ohio 2007)

Although at-will employment contract referred to Maryland law in a choice of law provision, Appellant sued in tort and not in contract, and in tort law the place of the injury normally determines the choice of law; an at-will employee may assert a cause of action for fraud in the inducement; employer made no misrepresentation when it hired Appellant to replace a worker who intended to leave to become a foreign missionary, but who did not leave, thus eliminating the need to retain Appellant as an employee; at-will nature of the job was made clear at every step in the employment process.

• Ohio Supreme Court