Bloomberg BNA Announces “Employment at Will: A State-by-State Survey”

Bloomberg BNA today announces the publication of Employment at Will: A State-by-State Survey, a reformulation of Employment Termination: Rights and Remedies offering a comprehensive analysis of the employment at will doctrine, as well as the many exceptions to this doctrine recognized by the courts. 

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. 

The treatise was published in cooperation with the Employment Rights and Responsibilities Committee of the ABA Section of Labor and Employment Law. Section publications provide a balanced forum for the views and professional development of practitioners in labor and employment law. For more information on Section participation, please call the Section at 312.988.5813 or visit http://www.americanbar.org/groups/labor_law.html. 

The Editor-in-Chief of Employment at Will: A State-by-State Survey is Melinda J. Caterine, a partner at the New England office of Fisher & Phillips LLP, a national labor and employment firm representing management.

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