Wednesday, August 22, 2018

Employment & labor law in the USA

US jurisdictions have statutes allowing an employer to have a policy of employment at will. The employer's documentation of its at-will policy, if confirmed in signed offer letters and employee handbooks, is a defence against a breach of contract claim. However, many other types of claim – such as discrimination, personal injury, wage and hour and violation of public policy – can be made by terminated US employees, and the termination of employees is a complicated matter which varies by jurisdiction. While the use of release agreements is recommended to enable early and amicable termination arrangements to be reached with employees, when terminating an employee employers doing business in the United States should consult counsel about the documentation of termination and the terms of any release agreement.

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