Wrongful Discharge
Employment At-Will, Wrongful Discharge, and the Covenant of Good Faith and Fair Dealing in Montana, Past, Present, and Future
... 1985] Hopkins and Robinson: Wrongful Discharge.. employees working at-will. At the present time, an employee may sue in tort for wrongful discharge if he can demonstrate[r] ...
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The First Decade of Judicial Interpretation of the Montana Wrongful Discharge from Employment Act (WDEA)
... The most expansive reading of the public policy basis for a wrongful termination claim was expressed in the Montana Su- preme Court decision in Wadsworth v. State of[r] ...
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Tonack v. Montana Bank: Preemption, Interpretation, and Older Employees Under Montana's Wrongful Discharge from Employment Act
... 85 Apparently, the Montana Supreme Court presumed that because the district court found that the Bank had a discriminatory motive for discharging Tonack, the ADEA &[r] ...
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A Modest Proposal: The Statutory No-Cause Alternative to Wrongful Discharge in California
... ceeded to consider it anyway in announcing that "authorities in other jurisdictions have on occasion found an employer's discharge of an at-will employee violative[r] ...
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Montana's Employment Protection: A Comparative Critique of Montana's Wrongful Discharge from Employment Act in Light of the United Kingdom's Unfair Dismissal Law
... The law provides long-standing and important protection for employees who have been dismissed for belonging to an independent trade union or taking part in its acti[r] ...
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Montana Employment Law and the 1987 Wrongful Discharge from Employment Act: A New Order Begins
... The Montana Supreme Court first implied a covenant of good faith and fair dealing in employment contracts in Gates I.7 It then declared the breach of the covenant a [r] ...
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Resolving Employee Discharge Disputes under the Montana Wrongful Discharge Act (MWDA), Discharge Claims Arising Apart from the MWDA, and Practice and Procedure Issues in the Context of a Discharge Case
... For example, assume a mental health service employee was discharged by her employer for allegedly unsatisfactory work performance and failure to follow the employer's[r] ...
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Barbed Wire in the Borderland: Statute of Limitations Choices for Wrongful Discharge Claims
... 130. of Cities Serv. 1984) (per curiam), the court held in a brief opinion that the California two-year statute of limitations for tor- tious invasions of property inte[r] ...
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Interpreting Montana's Pathbreaking Wrongful Discharge from Employment Act: A Preliminary Analysis
... The gist of their argument was that the WDFEA operated unfairly in that certain groups of employees, e.g., those covered by collective bargaining and other agreements,[r] ...
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Wrongful Discharge: Historical Evolution, Current Developments and a Proposed Legislative Solution
... In Newman," 3 5 the California Supreme Court addressed an issue not considered in Foley: whether the Foley decision-and, in partic- ular, the third portion of Foley [r] ...
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Montana's Wrongful Discharge from Employment Act: The Views of the Montana Bar
... (i.e., through litigation, arbitration, or settled informally), while question 15 asks respondents whether "enough skilled arbitrators exist in the state to proper[r] ...
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Legal Implications of Drug Testing in the Private Sector
... But the Ohio Supreme Court rejected a wrongful discharge cause of action for a violation of public policy. This is relevant to substance abuse testing, because an employer w[r] ...
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New Developments In Commercial Freedom Of Speech
... For instance, an employee suing for wrongful discharge may also allege claims against the defendant’s former employer (and perhaps its managers) for defamation, intentional[r] ...
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Surveillance technologies, wrongful criminalisation, and the presumption of innocence
... that wrongful suspicion caused by surveillance is a harm against innocents and should therefore be avoided even if the practices that cause it also prevent erroneous convic- ...individuals’ wrongful ...
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Symposium on the Center on Wrongful Convictions: Foreward
... time of the National Conference on Innocence and the Death Penalty in November 1998—which took place at Northwestern Law and ultimately led to the formation of the CWC—it was a struggle to convince people that ...
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Claims for wrongful pregnancy and child rearing expenses
... Wrongful birth claims relate to the birth of a child as a consequence of medical negligence. There has been general acceptance by courts in various jurisdictions that costs relating to the pregnancy and birth may ...
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Prosecutors and Victims: Why Wrongful Convictions Matter
... about wrongful convictions naturally focuses on men and women like those who stood up that day as our hearts caught in our throats: those who are consigned to years in prison or even to a solemn promise of death ...
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The Effect of Legalized Abortion on Wrongful Life Actions
... It is neither necessary nor just to retreat into meditation on the mysteries of life." 10 0 Addressing the fear that recognition of wrongful life actions would [r] ...
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The Wrongful-Life Concept: The Role of the Courts in Individual Morality, Devon Mercer
... the wrongful-life suits of ...a wrongful life action was impossible, the Curlender Court stated that “public policy” was changing; that is, public perception of moral values and their role in legal and ...
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Wrongful Convictions and Upstream Reform in the Criminal Justice System
... This Article argues that as a downstream remedy, an independent corroboration requirement would combine some of the deterrent ben- efits of a per se constitutional exclusionary rule with the curative evi- dentiary ...
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