It took 25 years, but the Missouri Supreme Court didn't hold back when it finally turned the spotlight on the public-policy exception to the at-will employment rule. The court handed down three weighty cases early this year that changed the rules for wrongful-discharge claims in Missouri. And while the three Feb. 9 Supreme Court decisions are a must- read for employment attorneys, one of them, Fleshner v. Pepose, is also essential across practice areas for its first-impression holding that a trial court may hear testimony about a juror's anti- Semitic comments made during deliberations.
Introduction II. Why Noncompetition Agreements Are Generally Disfavored A. Connotation of Involuntary Servitude B. Theory of the Efficient Breach C. Reluctance to Issue Prohibitory Injunctions D. Lack of Mutuality E. Benefits to Employees III. A Brief History of Louisiana's Law On Noncompetition Agreements IV. Application of Louisiana Revised Statutes 23:921 After The 1989 Amendment A. Failure to Adequately Define the Employer's Business B. Lack of Geographical Limitation C. Duress and Lack of Mutuality D. Treatment of Professionals E. Summary of Decisions by Circuit and Miscellaneous Issues Presented by Noncompetition Agreements V. Amcom V. Battson: A Turning Point A. The Appellate Court Decision B. Amcom v. Battson: The Louisiana Supreme Court Decision VI. Application of Louisiana ...
. The author thanks Professor William Corbett for his thoughtful advice and generous ass... then presents Bob with a standard employment contract. The contract states that Bob is being hi... simply shifted the burden of financing the cases to the attorney who took over the files. 145 In a...
In employment law cases, the power of the law extends far beyond the boundaries of written contracts. Although breach-of-contract claims remain common in the employment law context, there has been a spike in the number of cases in which a former employee alleges that a former employer broke the law even though there is no written contract in place to support that contention. In these cases, the key factor is the reasonable expectations of the parties, and not what the contract says. When an employee has a reasonable expectation of some benefit, that expectation may be enforceable in court. The Oregon Supreme Court has long held that the law imposes a duty of good faith and fair dealing in the performance of every contract. The purpose of the duty of good faith and fair dealing is to eff...
... are objectively reasonable, and a court will not find that that there is a breach of the duty o...
... for the benefit of creditors, the assessment will be made under section 6861, relating to jeopardy a... on the assessment of Federal excise or employment taxes, immediate assessment of such taxes will be ...
...-Decided December 14, 1998 Petitioner, an at-will employee, filed this action for damages against re... protected interest in continued employment. The Eleventh Circuit affirmed. Held: The sort of ... employment is at will." Id., at 38 (citing cases). The kind of interference with at-will employment...
As we begin the new year, employers and law experts may wonder what is in store for employment law in 2011. One of the biggest agents of change is the highest court in the land - the U.S. Supreme Court. This year, the court will decide a full docket of employment law cases, including some monumental ones that could have a drastic impact on the workplace. At least four cases will arise from the typically employee- friendly U.S. Court of Appeals for the Ninth Circuit, which encompasses the federal districts of Oregon, Washington, California and six other western states.
... induced to terminate their employment with DuPont and accept employment with a wholly ow...The court concluded that Appellants were at-will employees when they worked for DuPont and are ther... the at-will presumption in Texas, and the cases cited by the dissent do not address this question ...
...Many cases involve a question of whether an employer may fire...
Lisa D. Sparks has joined Bowie & Jensen, of Towson, as an associate in the construction practice. Sparks has experience in government contracting and Minority Business Enterprise contracting. She focuses on commercial litigation, including construction law and employment matters and has worked on a variety of matters in state and federal courts and in mediation and arbitration. Sparks has also advised clients on contracts, compliance, and government certification. She previously worked in the construction, surety, and real estate areas at Whiteford, Taylor, & Preston and is a LEED Accredited Professional. Sparks has taught legal research and writing courses and lectured in other subjects in the paralegal studies program in the School of Justice at the Community College of Baltimore Cou...
William M. Davidow Jr., a member of the business law, heal...
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.
...Those cases involved an employee's report of accounting improp...
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