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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
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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...
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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.
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Gov. George Pataki is missing the opportunity to create a profoundly different, far more progressive workplace for New Yorkers. During his recent State of the State address, he covered ground that ranged from municipal deficits to aid in education but he failed to address the fact that New York remains an at will state that basically withholds many employment safeguards from millions of employees.
The result is that victims of workplace discrimination have to struggle to receive a measure of justice. Unless the employee belongs to a labor union or has an employment contract, he or she can be terminated for any reason or even no reason at all.
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...: Where it is feasible, a syllabus (headnote) will be released, as isbeing done in connection with th... took action to prohibit the employment of individuals living within state borders who w... imply pre-emption of state remedies"); New York State Dept. of Social Servs. v. Dublino,413 U. S. ...
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Some people talk trash about their employer in a blog. But can you get fired for that? John Bauer, a partner with Grotta, Glassman & Hoffman in Melville, and his colleague Bruce Millman, recently held a seminar for clients. The topic: How much privacy do employers need to afford their employees.
Bauer is quick to remind employers that New York is an at-will employment state. If someone bad-mouths the company in a letter to customers, a private employer can fire them, he said. If they do it in a blog, I don't think that changes the rules. The only catch is that, with blogs, the potential universe of readers is bigger, Bauer said.
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... a permanently high plateau." Apparently willing to put his money where his mouth was, "his conside... of Benjamin Strong, the Governor of the New York Fed and until then its dominant figure, whose pass... decline of real output and employment, by cutting back on production" even further (Higg...
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NEW YORK, Nov. 8, 2010 /PRNewswire/ -- The Conference Board Employment Trends Index(TM) (ETI) increased in October, after a slight decline in September. The index now stands at 98.1, up from September's revised figure of 97.3. The index is up over 10 percent from a year ago.
Says Gad Levanon, Associate Director, Macroeconomic Research at The Conference Board: "The improvement in the ETI in October suggests that negative job growth in the next quarter or two is very unlikely. However, we forecast sluggish economic activity until mid 2011, at the earliest. Employment growth will likely remain weak in 2011.
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The slow economy and competitive labor market may be contributing to the upswing in discrimination claims by pregnant women in the workplace, employment attorneys say.
Employers trying to do more with less are "concerned about getting more out of their employees and are making assumptions that women with young children will not be able to give as much as men can," said Susan Ritz, a partner at Ritz Clark & Ben-Asher in New York, who represents employees.
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NEW YORK, Sept. 21, 2011 /PRNewswire-USNewswire/ -- "First Jobs, Then Futures for MENA Youth" will enable 13,000 young women and men in the Middle East and North Africa (MENA) to build their futures through jobs and entrepreneurship. Education For Employment's (EFE) three-year, $17-million commitment, announced at the 2011 Clinton Global Initiative (CGI) Annual Meeting, is made possible through partnerships with The MasterCard Foundation, ManpowerGroup, the United States Department of State Middle East Partnership Initiative (MEPI), Microsoft Corporation, Intel Corporation, the Aspen Institute's Partners for a New Beginning, North Africa Partnership (PNB-NAPEO), and local partners across the MENA region.
(Logo: http://photos.prnewswire.com/prnh/20110921/DC72276LOGO)