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Case Citations July 2015 through February 2016 [1] (2015-2016)

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                            EMPLOYMENT LAW





     CHAPTER 5. THE TORT OF WRONGFUL DISCHARGE IN VIOLATION OF PUBLIC
                                            POLICY

 § 5.01 Wrongful Discharge in Violation of Public Policy

 C.A.9, 2015. Com. (c) cit. in ftn., Rptr's Note quot. in ftn. (Citing com. (c) and Rptr's Note to com. (c)
 of § 5.01 of Prop. Final Draft, 2014, which are now com. (c) and Rptr's Note to com. (c) of the Official
 Text). Employee of subcontractor on a federal project brought an anti-retaliation action under the
 Energy Reorganization Act against employer and others, alleging that he was terminated from the
 project and reassigned to a nonsupervisory role after he raised environmental and safety concerns. The
 district court granted summary judgment for employer. Reversing that portion of the decision and
 remanding, this court held that employee introduced evidence sufficient to create a triable issue was to
 whether his whistleblowing activity was a contributing factor in the adverse-employment action
 employer took against him. The court noted that, although some state courts did not recognize adverse-
 employment  claims that fell short of actual or constructive discharge, Restatement Third of Employment
 Law  § 5.01 listed several courts that had explicitly sustained or indicated their approval of claims for
 wrongful demotion, and the courts that did allow such claims emphasized that they were analogous to
 wrongful-discharge claims. Tamosaitis v. URS Inc., 781 F.3d 468, 486.



         CHAPTER 8.   EMPLOYEE OBLIGATIONS AND RESTRICTIVE COVENANTS

 § 8.06 Enforcement of Restrictive Covenants in Employment Agreements

 Wis.2015. Com.  (e) quot. in sup.; Rptr's Notes to coms. (e) and (f) cit. in conc. op. (citing and quoting
 § 8.06 of Prop. Final Draft, 2014, which is now § 8.06 of the Official Text). Former employer that
 conditioned its at-will employees' continued employment on the signing of a restrictive covenant
 brought a breach-of-contract claim against former employee and employee's current employer, alleging
 that defendants violated the covenant. The trial court granted defendants' motion for summary
 judgment. This court reversed and remanded, holding that plaintiff's promise not to terminate its at-will
 employee constituted lawful consideration. In reaching its decision, the court, citing Restatement of
 Employment  Law  § 8.06, Comment e (Prop. Final Draft, 2014), pointed out that those jurisdictions that
 had ruled that a promise not to terminate an employee constituted lawful consideration for a restrictive
 covenant reasoned that employees obtained the expectation of continued employment. Runzheimer
 Intern., Ltd. v. Friedlen, 362 Wis.2d 100, 119-120, 136, 862 N.W.2d 879, 889, 896.








A LIm   For   earlier citations, see the Appendices, Supplements, or Pocket Parts, if any, that correspond to the subject matter under examination.