Covenant of Good Faith & Fair Dealing

  •  

    An employee was causing his employer's healthcare costs to increase dramatically, so the employer offered him a position as an independent contractor without health insurance coverage and threatened to terminate him if he didn't accept the change in status. The employee refused and sued the employer for wrongful discharge and negligence, among...
  •  

    Most Montana employers carry commercial general liability (CGL) insurance covering their business and their property. Those policies apply primarily to accidental or negligent conduct. Most complaints brought by employees against employers don't arise from accidents but are based on intentional acts like termination, discrimination, or, in one...
  •  

    The Utah Court of Appeals recently overturned a trial court's decision to dismiss a former employee's claims without a trial, finding that the employer's handbook was sufficiently unclear to permit the terminated employee to take his claims to a jury. The court held that the employee presented enough evidence for a jury to conclude that the...
  •  

    In a series of cases issued this year, courts of different levels all over the United States have weighed in on the government's conciliation efforts and found them wanting. The cases—filed by the Equal Employment Opportunity Commission (EEOC)—alleged violations of discrimination. Background By statute and regulations...
  •  

    A state employee accompanied a friend who was suffering from breast cancer on a weeklong trip to the Mayo Clinic for treatment. After the employee submitted a time sheet showing that she had worked that week, the state launched an investigation and later fired her for submitting a false time sheet. The employee sued, claiming that the state...
  •  

    When an Anchorage schoolteacher came to school intoxicated, the school district presented her with a last-chance agreement (LCA), under which she was required to comply with the terms of an alcohol treatment program. When she violated the LCA, the district proposed termination, so she resigned. She later sued the district, alleging disability...
  •  

    The implied covenant of good faith and fair dealing allows a party to a contract to sue if the other party doesn't comply with the terms of the contract in good faith. Delaware courts have applied the concept to the employment arena in limited circumstances, even when there's no employment contract. A new opinion from the Delaware...
  •  

    What is the "cat's-paw' theory, and why should Delaware employers care? A recent decision from the Third U.S. Circuit Court of Appeals (which includes Delaware) helps explain. U.S. Supreme Court's decision Earlier this year, the U.S. Supreme Court ruled on the "cat's-paw" theory in Staub v. Proctor Hospital. In...
  •  

    The Alaska Supreme Court recently handed down two opinions involving the discharge of state employees. The cases shared a common issue - that is, whether an employer's investigation into alleged misconduct supports a claim for breach of the covenant of good faith and fair dealing. The court's decisions reiterate two well-settled...
  •  

    A New Jersey district court recently dismissed a former assistant manager's claims for breach of contract and breach of the implied covenant of good faith and fair dealing, finding that he waived them by filing a claim under the New Jersey Conscientious Employee Protection Act (CEPA). The court also dismissed his claim for...
Syndicate content