Employment-at-Will Concepts Jody Blanke Distinguished Professor of Computer Information Systems and...

6
Employment-at-Will Concepts Jody Blanke Distinguished Professor of Computer Information Systems and Law Mercer University

Transcript of Employment-at-Will Concepts Jody Blanke Distinguished Professor of Computer Information Systems and...

Page 1: Employment-at-Will Concepts Jody Blanke Distinguished Professor of Computer Information Systems and Law Mercer University.

Employment-at-Will Concepts

Jody BlankeDistinguished Professor of Computer Information Systems and LawMercer University

Page 2: Employment-at-Will Concepts Jody Blanke Distinguished Professor of Computer Information Systems and Law Mercer University.

Employment Law

Primarily state law varies from state to state

A good bit of federal law, too mostly discrimination law

Page 3: Employment-at-Will Concepts Jody Blanke Distinguished Professor of Computer Information Systems and Law Mercer University.

At-Will Employment

Generally, an employee - can be fired for good reason

“You’ve been stealing from us. You’re fired!”

- can be fired for “no” reason “I don’t like the color of your shoes.

You’re fired!”

- cannot be fired for bad reason “You’re black. You’re fired!”

3

Page 4: Employment-at-Will Concepts Jody Blanke Distinguished Professor of Computer Information Systems and Law Mercer University.

Wrongful Discharge Exceptions

Vary greatly by state

1. Public policy exceptions

e.g., whistleblower statutes

recognized by 43 states

Page 5: Employment-at-Will Concepts Jody Blanke Distinguished Professor of Computer Information Systems and Law Mercer University.

Wrongful Discharge Exceptions

2. Implied contract exceptions e.g., employee handbooks recognized by 44 states

5

Page 6: Employment-at-Will Concepts Jody Blanke Distinguished Professor of Computer Information Systems and Law Mercer University.

Wrongful Discharge Exceptions

3. Implied covenant of good faith and fair dealing exception recognized by 13 states

Twelve states recognize all three exceptions

Four states recognize none of the exceptions Florida, Georgia, Louisiana, Rhode Island

6