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At Will? What’s That?

September 1, 2015

Marks Rebecca L. Marks
Did you know that employees in most countries outside the United States have a contractual right to continued employment, whether or not they have written contract? If an employer does not provide an employee with a written contract, rights will be implied at law to the advantage of the employee and disadvantage of the employer. In some countries, employers are required by law to provide employees with written contracts or they can be penalized. American employers often do not realize that offer letters—no matter how much “at-will” language is included in them—may constitute employment contracts, albeit without all the bells and whistles that should be included to protect the company. Moreover, once an offer letter is signed, it may be too late to make changes.

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Supreme Court Forges New “Significant Burden” Interpretation of the Pregnancy Discrimination Act

3/25/2015 12:00:00 AM

On March 25, 2015, the Supreme Court of the United States settled a controversy surrounding an employer’s policy that provided light-duty work for certain employees (including some disabled employees) but not for pregnant workers. The case was brought by a worker who tried to show—through indirect evidence—that the policy resulted in the disparate treatment of pregnant workers.