February 5, 2013

At-will employment and fraudulent inducement.

Practice point: A plaintiff who is offered only at-will employment cannot establish reasonable reliance on a prospective employer's representations, which is an element necessary to the recovery of damages under a theory of fraudulent inducement.

Student note: The at-will employment doctrine bars the cause of action even where the circumstances pertain to a plaintiff's acceptance of an offer of a position rather than termination.

Case: Guido v. Orange Regional Med. Ctr., NY Slip Op 00305 (2d Dept. 2013).

Here is the decision.

Tomorrow’s issue: Making time of the essence.