Employment at Will A State-by-State Survey

Author: Melinda J. Catherine
Publisher: American Bar Association
ISBN: 9781570189272
Published In: November 2011
Format: Paperback , 1318 pages
Jurisdiction: U.S. ? Disclaimer:
Countri(es) stated herein are used as reference only

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Get detailed analysis of state law causes of action for wrongful termination

A reformulation of Bloomberg BNA's prior title Employment Termination: Rights and Remedies, Employment at Will: A State-by-State Survey provides a comprehensive analysis of the employment at will doctrine, as well as the many exceptions recognized by the courts. The doctrine serves as the foundation for legal analysis of the employment relationship in the United States, and nearly all states recognize it in some form-and then apply their own set of unique exceptions to it. Practitioners, both plaintiff-side and defense-side, therefore, need to understand each of the applicable exceptions in the state or states of interest to them.

This treatise, the latest addition to Bloomberg BNA's State-by-State Survey Series, was prepared by experts in each jurisdiction under the auspices of the Employment at Will Subcommittee of the Employment Rights and Responsibilities Committee of the ABA Section of Labor and Employment Law. It uses the same set of topics for each state to provide a comparative view across states, as well as to allow for research on an individual state. This format is extremely helpful for lawyers who practice in multiple jurisdictions, as well as for lawyers who practice primarily in a single jurisdiction, particularly when they wish to argue by analogy or example from the laws of another state.

Each state chapter provides analysis of the following topics:

The creation of enforceable employment agreements through (i) employee handbooks or other written personnel policies, and (ii) oral assurances
Common law claims for wrongful discharge
The covenant of good faith and fair dealing in express and implied employment contracts
The public policy exception to the doctrine of employment at will
The burden of proof necessary to sustain a claim of wrongful discharge
What constitutes "just cause" for purposes of termination
The effect of disclaimers on the employment at will relationship
Potential damages in a wrongful discharge claim
Related tort claims arising out of the employment relationship
State statues that prohibit termination based on certain protected classifications

Practitioners can count on this treatise to provide the most up-to-date analysis of the employment at will doctrine and its many exceptions--and its easy-to-use state-by-state format will make it a daily resource.