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Employment Law: Wrongful Termination

Davis Hosiery Mills has each new employee sign an acknowledging receipt of the company's handbook. In small print, it states the employment relationship as "at-will". An employee sues for wrongful termination.

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This may seem to be cut an dry understanding that "at-will" means an employee can be fired at any time for any reason, any reason that is not illegal or for absolutely no reason at all.

So in the case of Davis Hosiery Mills I believe the first thing to determine would be if in that particular State the "at-will" rule is recognized as legal. Well as long as they are not located in Montana then employment is presumed to be at-will. So you see even if the writing of that within the employee handbook was in small print that alone would not make the case for wrongful termination.

Let's review some of the things that could contradict the at-will status and would be helpful in a wrongful termination suit. For example did the employee have a written contract or some type of written statement promising job security (most employers do not provide such a contract). Was there an ...

Solution Summary

The expert examines wrongful termination of employment laws.