ARTICLE
12 January 2018

Is The Grass Really Greener? The Evolving Landscape Of Employment And Enrollment Contracts

MM
McLane Middleton, Professional Association

Contributor

Founded in 1919, McLane Middleton, Professional Association has been committed to serving their clients, community and colleagues for over 100 years.  They are one of New England’s premier full-service law firms with offices in Woburn and Boston, Massachusetts and Manchester, Concord and Portsmouth, New Hampshire. 
Employee can be dismissed for good reason, bad reason or no reason without warning or due process
United States Employment and HR

EMPLOYMENT CONTRACTS

The Basics

Employment “At Will” Is the Default Absent Agreement to the Contrary

  • Employee can be dismissed for good reason, bad reason or no reason without warning or due processExcept an illegal reason which can include discrimination, retaliation or in violation of public policy
  • Employee can leave employment at any time
  • No “term”

The Exceptions

Illegal Reasons

  • Violation of Public Policy: Retaliation for performing an action which public policy encourages or refusing to perform an act which public policy discourages
  • Violation of Statutes: State and federal anti-discrimination and whistleblower laws

    • Age
    • Gender
    • Religion
    • Disability
    • Race
    • Sexual Orientation or Expression

Exceptions to At Will

Employer and Employee May Contract or Agree to Take the Employment Relationship Out of “At Will”

  • Collective Bargaining Agreements
  • Employment Contracts
  • Appointment Letters
  • Implied Contracts

To view the full article, please click here

The content of this article is intended to provide a general guide to the subject matter. Specialist advice should be sought about your specific circumstances.

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