VINSON & ELKINS LABOR & EMPLOYMENT E-LERT
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Court Holds Employer Owes At-Will Employee Duty of Care in Conducting Investigation

In Texas Farm Bureau Insurance Companies v. Sears, the Waco Court of Appeals held that an employer had a duty to its at-will employee to use reasonable care in conducting an investigation into his alleged misconduct.  This case adds additional cause for concern among Texas employers dealing with allegations of employee misconduct and, in conjunction with other recent cases regarding such investigations, indicates a further erosion of the at-will employment doctrine.  The dissenting judge recognized the significant impact that this holding will have on that doctrine, titling his dissent "At-Will Employment is Dead."

For a detailed discussion of this case, see http://www.velaw.com/pubs/labor/laboralert08-01.htm

For more information please contact, Candace Pinnell, mailto:cpinnell@velaw.com

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