Insights

As previously reported on this website, New York has enacted its own version of the federal Worker Adjustment and Retraining (“WARN”) Act, NY WARN §860-a(3), which is set to go into effect on February 1, 2009. (See New...

New York, like most states, has long adhered to the rule of “employment at will.” Absent employment for a specified term, or an unlawful purpose for termination, an employee may be terminated at any time and for any...

In a 5-2 decision, the California Supreme Court has ruled that employers can refuse to hire applicants and can terminate employees who use illegal drugs, including those who use marijuana for medical purposes. Ross v....

A recent decision by the Supreme Court of California affirmed that an offer of employment described as “employment-at-will” was unambiguous, and left the employer free to terminate the employment relationship at...

Any employer contemplating closing a facility or terminating more than a handful of employees should be familiar with the provisions of the federal Worker Adjustment and Retraining Notification Act (“WARN”), which...

A California appellate court recently held that an employer may be liable for breach of the covenant of good faith and fair dealing for terminating the employment of an employee at will. Eysie v. Zacson Corporation, First...

New guidance is available to employers who request that departing employees sign severance agreements in an attempt to limit future age discrimination lawsuits. A recent Supreme Court decision and newly published EEOC...

The Worker Adjustment and Retraining Notification Act (“WARN”) generally requires that an employer provide 60 days’ advance notice of a plant closing or mass layoff. 29 U.S.C. § 2101 et seq. (1988). The...

The Worker Adjustment and Retraining Notification Act (“WARN”) generally requires that an employer provide 60 days’ advance notice of a plant closing or mass layoff. 29 U.S.C. § 2101 et seq. (1988). The...

A recent decision of the New Jersey Supreme Court illustrates how poorly-drafted provisions in employee handbooks can greatly increase the likelihood of liability for wrongful termination. Under New Jersey law, statements in...