Law, College of
Nebraska Law Bulletin (Selected Issues)
Date of this Version
2-9-2009
Document Type
Article
Citation
Nebraska Law Bulletin (February 9, 2009)
Abstract
Nebraska has followed the national trend limiting employment at will. It recognizes oral contracts, limits discharges that violate public policy, and requires employers who promise jobs to deliver them. None of these were recognized during the heyday of employment at will.
Last fall, the supreme court issued Pick v. Norfolk Anesthesia, P.C., an interesting addition to the development of employment law in Nebraska. In this brief article, I will comment on two aspects of Pick. First, Pick interprets employment contracts in an unusual way. Fortunately, the case isn’t so specific that the Nebraska courts will be bound to continue down that path. I suggest an alternative way of interpreting employment contracts that is preferable and still open to the courts in Nebraska. Second, Pick alerted me to possibilities in Nebraska law that I thought had been foreclosed. I now think the covenant of good faith and fair dealing is recognized in employment contracts in Nebraska, despite language in prior opinions that made me think otherwise. And this is good.
Comments
Copyright 2009, the author