Tag: Termination

Idaho Supreme Court Adopts New Standard for Defining “Cause” in Employment Cases

On June 28, 2018, the Idaho Supreme Court issued an opinion in a case entitled Lunneborg v. My Fun Life that outlines how cause will be defined in employment cases.  Simply put, this case could be a real game changer for employers and particularly those that have employment agreements with senior management or other executives. … Continue Reading

Colorado Supreme Court Upholds Firing of Medical Marijuana User

The Colorado Supreme Court ruled today in a 6-0 decision that Colorado’s “lawful activities statute,” which provides protections to employees who engage in lawful off-duty conduct, only applies to conduct that is lawful under both state and federal law. The Court’s decision in Coats v. Dish Network, which can be accessed here, involved a quadriplegic … Continue Reading

Guidance on Terminations in Alaska

  Two recent opinions from the Alaska Supreme Court offer helpful guidance to employers regarding termination processes.   In Barickman v. State, an employer suspected an employee of theft.  When confronted, the employee signed a letter of termination and then wrote a letter stating that he was resigning to avoid a “black mark on his … Continue Reading

Why Should Employers be Fair?

Martha walks into your office and says she wants to fire her assistant, Roy, because he keeps sending emails with typos and it is embarrassing. Martha says, “We are at-will and I want him gone by the end of the day.”  Like most others, Alaska is an “employment-at-will” state, which means that the employee and employer … Continue Reading

Despite Assertions to Contrary, Employment Laws Do Exist

On my way in to work this morning, I was listening to NPR’s Morning Edition, and caught an interview with Lewis Maltby, president of the National Workrights Institute. The interview was ostensibly to promote Mr. Maltby’s new book, “ Can They Do That?” in which he discusses employment termination cases that were deemed legal, but … Continue Reading

Oregon Court of Appeals Upholds Employer’s Right to Ask Potentially Disabled Employees to Take Medical Exams

Today in Heipel v. Henderson et al.,  the Oregon Court of Appeals affirmed summary judgment on an Oregon disability discrimination claim in favor of an employer who asked an employee to take an independent medical exam (IME) as part of an investigation into the employee’s disturbing work-related behavior.  The court confirmed that such exams must be "job … Continue Reading

Washington: Public Policy Against Domestic Violence Supports Claim of Wrongful Discharge

Is a Washington employer prohibited from terminating an at-will employee because she took leave from work to protect herself from domestic violence?  Yes, according to last week’s opinion from the Washington Supreme Court in Danny v. Laidlaw Services.  In Danny, the plaintiff sued her former employer in federal court, alleging she was terminated for taking leave … Continue Reading

Stoel Rives’ Seattle Office Offers “Termination Without Tears” Seminar

The touchstone in any litigation regarding termination is fairness. A jury will look to see if the employee was treated fairly given the circumstances, or if the employer acted in an arbitrary and unfair manner. An employer should always ask, "Is this termination fair to the company? To the employee? To our customers? To our … Continue Reading

Is There A Right Way To Fire Someone?

We all know that times are tough and layoffs and terminations are on the rise.  The New York Times online edition is currently running a very interesting reader’s forum on whether there is a right way to fire someone.  (Of course, most of us know there are many wrong ways – a lesson some of … Continue Reading
LexBlog