Contract law - employment-at-will - N.Y. Court of Appeals implies reporting requirement into law firm-associate employment relationship
Article Abstract:
The New York Court of Appeals in Wieder v Skala held that compliance with ethical standards was implied in the employment contract of a law firm and therefore that an associate fired for insisting that the firm report unethical conduct of another associate could sue for breach of contract. Unfortunately, the court relied on a narrow contractual analysis, which left uncertainty in several areas. The court did not specify which ethical rules are implied in the employment contract and did not justify placing the burden of proof on the employee.
Publication Name: Harvard Law Review
Subject: Law
ISSN: 0017-811X
Year: 1993
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First Amendment - patronage terminations - Fourth Circuit holds that deputy sheriffs may be fired because of political affiliation
Article Abstract:
The US 4th Circuit Court of Appeals held in Jenkins v. Medford that sheriffs are policymakers whose employment can be terminated if their political affiliation compromises the carrying out of a new administration's objectives. Public interest outweighs sheriffs' rights regarding political affiliation. The result in Jenkins v. Medford is the result of the US Supreme Court's inconsistent policy regarding employment termination of public employees for their political affiliations and activities.
Publication Name: Harvard Law Review
Subject: Law
ISSN: 0017-811X
Year: 1998
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Statutory interpretations - Americans with Disabilities Act - Fourth Circuit holds that asymptomatic HIV cannot constitute a disability
Article Abstract:
The US 4th Circuit Court of Appeals in 1997's Runnebaum v. NationsBank of Maryland improperly held that persons with asymptomatic human immunodeficiency virus (HIV) are per se not protected by the Americans with Disabilities Act. The ruling reflects a disregard for judicial authority and the statutory language. Asymptomatic HIV would fall within the protected category under EEOC guidelines interpreting the statute.
Publication Name: Harvard Law Review
Subject: Law
ISSN: 0017-811X
Year: 1998
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- Abstracts: Survey of 92 key companies using ADR to settle employment disputes. Just cause in the arbitration of sexual harassment cases
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