Article Judgment Is Appropriate Only When The Moving Party Essay

1500 Words Apr 19th, 2015 null Page
Courts in Nevada have routinely established that, “summary judgment is appropriate only when the moving party is entitled to judgment as a matter of law, and no genuine issue of material fact remains for trial;" properly supported factual allegations of the party opposing summary judgment must be accepted as true.” Perez v. Las Vegas Med. Ctr., 107 Nev. 1, 805 P.2d 589 (1991).

ARGUMENT

Daily Mirror was well within its rights to terminate Ms. Cohen’s employment at any time and for any reason it felt compelled to do so as she was an at-will employee. Daily Mirror never entered into any express employment contract with Ms. Cohen. Similarly, the facts and evidence surrounding this case, when viewed in the best possible light to Ms. Cohen’s, do not give rise to an implied contract for continued employment.

STATEMENT MADE TO MS. COHEN BY JEFREY HOLMGREN WERE MERELY A GENERAL EXPRESSION OF ANTICIPATED LONG-TERM EMPLOYMENT RATHER THAN LANGUAGE THAT GAVE RISE TO MODIFICATION OF THE AT-WILL EMPLOYMENT RELATIONSHIP

Nevada law is clear that when there is a dispute for wrongful termination, the claimant employee is automatically presumed to have been an at-will employee. This presumption can be rebutted by the employee, but only through proving by a preponderance of the evidence the existence of an “express or implied employment contract that provided for termination only for cause.” American Bank Stationary v. Farmer, 106 Nev. 698, 701 (1990). Furthermore, the promising…

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