Tag: at-will employment

Tips for Managing Discharge Risks

Employment decisions can be difficult. Which applicant do we hire? Should we grant this employee’s request for leave? What type of discipline do we impose on a particular worker? Each decision carries varying degrees of risk. One of the riskiest decisions you’ll face will be whether to discharge a particular employee. Before making the decision, […]

Idaho At-Will Employees Have Standing to Sue Employer for Fraudulent Hiring

The Idaho Supreme Court recently rendered a decision highlighting an important distinction between wrongful discharge and “fraudulent hiring,” the latter of which allows at-will employees to sue their former employer. Background Employment in Idaho is presumed to be “at-will” unless contractually stated otherwise. In other words, with very few exceptions, an employment relationship has no […]

Handbook Acknowledgments—Why They’re Important

Most employers have some type of handbook to outline policies and expectations and keep everything in one place for employees to reference. However, not all employers ask employees to sign an acknowledgment form; it’s often viewed as an extra unnecessary step because employees already have the information they need.

American Horror Story: Hotel—Gaga for this deliciously terrifying workplace

The latest installment of American Horror Story was off to a screaming start with the premiere of Hotel. If you missed it, proceed with caution as this article contains some minor spoilers on the first episode. This season is set in a sprawling art deco hotel that manages to be both beautiful and frightening at the same […]

Does ‘at-will employment’ really mean what you think?

by Joseph Godwin Many employers rely heavily on “at-will employment” to terminate unsatisfactory employees. In theory, if at-will employment applies, you can fire a worker at will, which means for a good reason, a bad reason, or no reason at all. However, if a termination decision is challenged, it can be difficult to show that […]

Linking pay raises to company tattoos: good idea or legal minefield?

by Peter A. Jones A New York employer offered its employees a 15 percent pay raise if they had the company logo tattooed on their bodies. Reportedly, there were no limitations on the size or location of the tattoo, and about 40 employees accepted the offer and are receiving raises after having been inked. There […]

free-speech

A horse with no claim

Some colorful (ahem) corners of the Internet were abuzz this week after a report surfaced that an anonymous adult male fan of the cartoon show My Little Pony: Friendship is Magic was fired from his job after admitting his fandom to his coworkers. The firing of this “brony” (and let’s just assume for the sake of this […]

How to write a strong termination letter

by Bradley T. Cave Writing a termination letter can be a daunting task, knowing that much can rise or fall on what the letter says. A few straightforward strategies can help you prepare a termination letter that manages the risks that accompany all termination decisions. What to leave in, what to leave out Obviously, a […]

Just how safe is your handbook’s at-will employment statement?

by Tammy Binford It’s hard to think of anything more sacred to employers than the doctrine of employment at will. Employers have long been advised to make sure their employees are aware of their at-will status, meaning that unless employees have an employment contract, they can be terminated for good reason, bad reason, or no […]

NLRB and nonunion employers

Employers with nonunionized workforces once went about their business without giving much thought to the National Labor Relations Board (NLRB). But with union membership in decline, a more activist Board is branching out, and now even nonunion employers need to be on guard. As union membership dwindles, the NLRB is emphasizing that the National Labor […]