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- Published: 30 Dec 2008
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- Author: igudesmanandjoo
Although harsh upon employees, the doctrine of at-will employment is widely credited as one of the major factors behind the strength of the U.S. economy, and in particular, in making possible the success of Silicon Valley as an entrepreneur-friendly environment. The doctrine enables entrepreneurs to quickly staff new startups, secure in the knowledge that they can also quickly terminate employees who turn out to be incompetent or lazy (which is not the case in many other countries).
Several exceptions to the doctrine exist, especially if unlawful discrimination is involved regarding the termination of an employee.
As a means of downsizing, such as closing an unprofitable factory, a company may terminate employees en masse. However, there are legal limitations upon the employer's ability to terminate without reason.
Some courts saw the rule as requiring the employee to prove an express contract for a definite term in order to maintain an action based on termination of the employment. Thus was born the U.S. at-will employment rule, which allowed discharge for no reason. This rule was adopted by all U.S. states. In 1959 the first judicial exception to the at-will rule was created by one of the California Courts of Appeal. Later, in a 1980 landmark case involving ARCO, the Supreme Court of California endorsed the rule first articulated by the Court of Appeal. The resulting actions by employees are now known in California as Tameny actions for wrongful termination in violation of public policy.
Since 1959, several common law and statutory exceptions to at-will employment have been created.
Common law protects an employee from retaliation if the employee disobeys an employer on the grounds that the employer ordered him or her to do something illegal or immoral. However, in the majority of cases, the burden of proof remains upon the discharged employee. No U.S. state but Montana has chosen to statutorily modify the employment at-will rule. In 1987, the Montana legislature passed the Wrongful Discharge from Employment Act (WDEA). The Montana Act is unique in that, although it purports to preserve the at-will concept in employment law, it also expressly enumerates the legal bases for a wrongful discharge action. Under the WDEA, a discharge is wrongful only if: "it was in retaliation for the employee's refusal to violate public policy or for reporting a violation of public policy; the discharge was not for good cause and the employee had completed the employer's probationary period of employment; or the employer violated the express provisions of its own written personnel policy."
Under the public policy exception, an employer may not fire an employee if it would violate the state's public policy doctrine or a state or federal statute.
This includes retaliating against an employee for performing an action that complies with public policy (such as informing the authorities of an illegal activity, for instance nursing home abuse), as well as refusing to perform an action that would violate public policy. In this diagram, the pink states have the 'exception', which protects the employee.
The 7 states which do not have the exception are:
Thirty-seven U.S. states (and the District of Columbia) also recognize an implied contract as an exception to at-will employment. held that a provision in an employee handbook stating that dismissal may be for cause, and requiring employee records to specify the reason for termination, did not modify an employee's at-will employment. The New York Court of Appeals, that state’s highest Court, also rejected the implied-contract theory to circumvent employment at will. In Anthony Lobosco, Appellant v New York Telephone Company/NYNEX, Respondent, the court restated the prevailing rule that an employee could not maintain an action for wrongful discharge where state law recognized neither the tort of wrongful discharge, nor exceptions for firings that violate public policy, and an employee's explicit employee handbook disclaimer preserved the at-will employment relationship.
Only eleven U.S. states have recognized a breach of an implied covenant of good faith and fair dealing as an exception to at-will employment. These 11 states are:
This exception for a covenant of good faith and fair dealing represents the most significant departure from the traditional employment-at-will doctrine. Rather than narrowly prohibiting terminations based on public policy or an implied contract, this exception – at its broadest – reads a covenant of good faith and fair dealing into every employment relationship. It has been interpreted, by some courts, to mean either that employer personnel decisions are subject to a “just-cause” standard or that terminations made in bad faith or motivated by malice are prohibited.
Examples of federal statutes include:
Category:Employment law terms Category:Labor law of the United States Category:Human resource management Category:Ethically disputed business practices
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Name | Will Smith |
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Caption | Smith in May 2010 |
Birth name | Willard Christopher Smith, Jr. |
Birth date | September 25, 1968 |
Birth place | Wynnefield, West Philadelphia, Pennsylvania, U.S. |
Other names | The Fresh Prince |
Occupation | Actor, rapper, film producer, record producer, television producer |
Years active | 1985–present |
Spouse | |
Website | http://www.willsmith.com/ |
In the late 1980s, Smith achieved modest fame as a rapper under the name The Fresh Prince. In 1990, his popularity increased dramatically when he starred in the popular television series The Fresh Prince of Bel-Air. The show ran for nearly six years (1990–1996) on NBC and has been syndicated consistently on various networks since then. In the mid-1990s, Smith transitioned from television to film, and ultimately starred in numerous blockbuster films that received broad box office success. In fact, he is the only actor in history to have eight consecutive films gross over $100 million in the domestic box office as well as being the only actor to have eight consecutive films in which he starred open at the #1 spot in the domestic box office tally.
Fourteen of the 19 fiction films he has acted in have accumulated worldwide gross earnings of over $100 million, and 4 of them took in over $500 million in global box office receipts. His most financially successful films have been Bad Boys, Bad Boys II, Independence Day, Men in Black, Men in Black II, I, Robot, The Pursuit of Happyness, I Am Legend, Hancock, Wild Wild West, Enemy of the State, Shark Tale, Hitch and Seven Pounds. He also earned critical praise for his performances in Six Degrees of Separation, Ali and The Pursuit of Happyness, receiving Best Actor Oscar nominations for the latter two.
While it is widely reported that Smith turned down a scholarship to attend the Massachusetts Institute of Technology (MIT), he never applied to MIT, although he was admitted to a "pre-engineering program" there.
He has planned to star in a feature film remake of the television series It Takes a Thief.
On December 10, 2007, Smith was recognized at Grauman's Chinese Theatre on Hollywood Boulevard. Smith left an imprint of his hands and feet outside the world renowned theater in front of many fans. Later that month, Smith starred in the film I Am Legend, released December 14, 2007. Despite marginally positive reviews, its opening was the largest ever for a film released in the United States during December. Smith himself has said that he considers the film to be "aggressively unique". A reviewer said that the film's commercial success "cemented [Smith's] standing as the number one box office draw in Hollywood." On December 1, 2008, TV Guide reported that Smith has been selected as one of America’s top ten most fascinating people of 2008 for a Barbara Walters ABC special that aired on December 4, 2008.
Smith is currently developing a film entitled The Last Pharaoh, in which he will star as Taharqa.
President Barack Obama has stated that if a film were to ever be made about his life, he would have Smith play his part, because "he has the ears". Obama stated that the two have discussed a possibility of a film based on the 2008 election, but this may not happen until the end of the Obama presidency.
He is currently filming Men in Black III for a 2012 release playing Agent J one of his more popular earlier roles, making this his first major starring role in four years.
Smith was consistently listed in Fortune Magazine's "Richest 40" list of the forty wealthiest Americans under the age of 40. He donated $4,600 to the presidential campaign of Democrat Barack Obama. December 11, 2009, Smith and his wife hosted the Nobel Peace Prize Concert in Oslo, Norway, when Barack Obama had won the prize.
Smith has said he has studied multiple religions, including Scientology, and he has said many complimentary things about Scientology and other faiths. Despite his praise of Scientology, Smith said "I just think a lot of the ideas in Scientology are brilliant and revolutionary and non-religious" and "Ninety-eight percent of the principles in Scientology are identical to the principles of the Bible.... I don't think that because the word someone uses for spirit is 'thetan' that the definition becomes any different." He has denied having joined the Church of Scientology, saying "I am a Christian. I am a student of all religions, and I respect all people and all paths." Smith gave $1.3 million to charities in 2007, of which $450,000 went to two Christian ministries, and $122,500 went to three Scientology organizations; the remaining beneficiaries included "a Los Angeles mosque, other Christian-based schools and churches, and [...] the Yitzhak Rabin Memorial Center in Israel". Smith and his wife have also founded a private elementary school in Calabasas, California, the New Village Leadership Academy, which has attracted controversy and speculation over its use of Study Technology, a teaching methodology developed by L. Ron Hubbard, the founder of Scientology.
Category:Living people Category:1968 births Category:Actors from Pennsylvania Category:African American film actors Category:American hip hop musicians Category:American rappers Category:American television actors Category:Baptists from the United States Category:Columbia Records artists Category:Grammy Award winners Category:Interscope Records artists
Category:People from Philadelphia, Pennsylvania Category:Rappers from Philadelphia, Pennsylvania Category:Beatboxers
Category:African-American film producers Category:African American rappers
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Caption | Ferrell in May 2009 |
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Birth date | July 16, 1967 |
Birth name | John William Ferrell |
Birth place | Irvine, California, U.S. |
Spouse | Viveca Paulin (2000–present) |
Years active | 1995–present |
Occupation | Comedian, impressionist, actor, writer |
John William "Will" Ferrell (; born , 1967) is an American comedian, impressionist, actor, and writer. Ferrell first established himself in the late 1990s as a cast member on the NBC sketch comedy show Saturday Night Live, and has subsequently starred in the comedy films Old School, Elf, , , Stranger than Fiction, Blades of Glory, Semi-Pro, and The Other Guys. He is considered a member of the "Frat Pack," a generation of leading Hollywood comic actors to emerge in the late 1990s and the 2000s including Jack Black, Ben Stiller, Steve Carell, Vince Vaughn, and brothers Owen and Luke Wilson.
Growing up in suburbia, in safe, master-planned Irvine, there was no drama so we had to create it in our heads. My main form of entertainment was cracking my friends up and exploring new ways of being funny. I didn't have to have the survival mode instinct like other comics, who grew up in tough neighborhoods. I had the opposite. For me, I grew up in Mayberry, and the humor broke the boredom. And there was a lot to make fun of.
He enrolled at the University of Southern California, where he studied Sports Broadcasting and graduated with a degree in Sports Information. He is also a member of Delta Tau Delta Fraternity. After graduating in 1990, he developed his improvisation skills as a member of the comedy group The Groundlings.
During his time on SNL, Ferrell made a name for himself with his impersonations, which included:
His original characters included "Morning Latte" co-host Tom Wilkins, Ed the Horse's twin brother Ned, fictional Blue Öyster Cult member Gene Frenkle (physically modeled after Blue Öyster Cult vocalist Eric Bloom), music teacher Marty Culp, Spartan cheerleader Craig Buchanan, Dale Sturtevant from "Dissing Your Dog", Hank of the Bill Brasky Buddies, David Leary from "Dog Show", and night clubber Steve Butabi in a sketch that went to the big screen in 1998's A Night at the Roxbury.
Ferrell returned to Saturday Night Live as a guest host on , 2005, and , 2009. Both times, he reprised his role as Alex Trebek in the "Celebrity Jeopardy" sketches. On the appearance, Ferrell reprised his role as Robert Goulet in a fake commercial advertising a series of crooned ringtones and, during the performance of the song "Little Sister" by musical guests Queens of the Stone Age, Ferrell came on stage playing the cowbell.
Ferrell became the highest paid cast member of Saturday Night Live in 2001 with a season salary of $350,000.
His first starring role came after his departure from SNL with Frank "The Tank" Richard in Old School (2003). The film "belongs to Mr. Ferrell," declared the New York Times, which described how he "uses his hilarious, anxious zealotry to sell the part." Old School was a major success and Ferrell received an MTV Movie Awards nomination for Best Comedic Performance.
The title role in Elf (2003) followed, as did another MTV Movie Awards nomination. Ferrell continued to land comedy roles in 2004 and 2005 in films such as Melinda and Melinda, , Starsky & Hutch earning himself a place among Hollywood's Frat Pack. In 2005, Ferrell earned . In 2006, Ferrell starred in Stranger Than Fiction and ; both received critical and box office success. Ferrell's performance in Stranger Than Fiction introduced audiences to the dramatic potential of Ferrell's acting talents. On , 2006, 'The Magazine' named Ferrell as one of its three actors of the year in their 2006 year in review issue.
, December 2007]] Ferrell appeared as part of a pre-game video package for the Rose Bowl along with Texas alum Matthew McConaughey. Ferrell also sang a song at the ESPY Awards in 2006 about Lance Armstrong and Neil Armstrong. He and John C. Reilly also did a spot during the 2008 ESPY Awards where they made demands in order for them to appear at the ESPYs like asking Portland Trail Blazers' center Greg Oden to tuck them in at night and tell them stories of the old times or to bring back the Cold War so the Olympics can be interesting again.
Ferrell participated in a 79th Academy Awards musical-comedy performance with John C. Reilly and Jack Black, wherein they sang a song about comedies being snubbed by the voters in favor of dramas.
In May 2009 it was announced Ferrell is in talks to star in Neighborhood Watch, a comedy about an urbanite who moves to the suburbs and uncovers a conspiracy. In negotiations to direct is David Dobkin, who gave Ferrell a cameo in Wedding Crashers. In August 2009, Ferrell decided not to do the film. In the summer of 2009, Ferrell did a large amount of filming with several young actors. He helped out on a film entitled Making a Movie, which is now on DVD.
In June 2009, Land of the Lost was released. It was a commercial and critical flop after earning on opening weekend, about two-thirds of what the studio expected.
In 2010, he was the executive producer and star of The Other Guys, a buddy cop film, which also has an ensemble cast which consists of Mark Wahlberg, Eva Mendes, Michael Keaton, Steve Coogan, Ray Stevenson, Samuel L. Jackson and Dwayne Johnson. Unlike Land of the Lost, the film was a commercial success, earning over $140 million, and was positively reviewed by critics.
In September 2008, Ferrell released another video entitled "Will Ferrell Answers Internet Questions" where he takes some pressing questions and comments from his fans.
Other Ferrell's appearance on "Funny or Die",
In 2006, I-Newswire.com, a site that accepts submissions from readers and publishes them as "press releases", reported that Ferrell had died in a paragliding accident. The hoax was published before its factual inaccuracy was noticed. The story was further propagated when it appeared on Google News.
Ferrell is a fan of USC Trojan football. At USC, Ferrell was a member of Delta Tau Delta fraternity and is now an active alumnus. Ferrell has worked with former head coach Pete Carroll to do motivational stunts for the players during the season. Ferrell represented Chelsea as honorary captain in the coin toss before the Chelsea v Inter Milan match at The Rose Bowl in Pasadena, California, on , 2009.
Ferrell enjoys running and has participated in several major marathons such as the Boston, New York and Stockholm Marathons. He also raises money for charity, including his Scholarships for Cancer Survivors campaign through Crowdrise; a social networking community for volunteers and a micro-donations fundraising platform.
In 2007, Autograph magazine named Ferrell the worst celebrity autographer. Its editor stated, "What's so frustrating about Will Ferrell being the worst autograph signer this past year is that he used to be so nice to fans and collectors and a great signer. What makes him so bad is that he'll taunt people asking for his autograph." In response, Ferrell has stated, "I don't know how I got on the list. I sign a lot of autographs," but has admitted to taunting autograph-seekers: "I do. I really do. I'm like, 'How badly do you want this autograph?' 'Are you sure?' 'You say you're my biggest fan, really, prove it.' I'll do things like that. They have to earn it."
Ferrell had noted that, although he was well known for his SNL impersonation of President George W. Bush, he chose, for both professional and political reasons, not to meet the President on several occasions, unlike his SNL predecessor Dana Carvey's famous chummy relationship with George H. W. Bush: "I declined, partly out of comedic purposes, because when I was on the show Saturday Night Live at the time, it didn't make sense to really meet the people that you play, for fear of them influencing you. And then the other side of it is, from a political standpoint, I don't want to meet that guy."
Ferrell made a comical debut as a relief pitcher for the Round Rock Express, the Triple-A affiliate of the Houston Astros, on , 2010. He was introduced as "Billy Ray 'Rojo' Johnson", and was brought in to relief pitch for the sixth inning. He then entertained the fans by bringing a sack of beer cans to the mound, as well as being ejected and getting chased by the opposing batter. He revealed himself to the fans when his moustache fell off during the chase. The appearance was cooked up by Ferrell and the Express, who sent out a press release announcing Johnson's "signing", to promote The Will Powered Golf Classic the following day at the nearby Cimarron Hills Country Club, which benefits Cancer for College, an organization that provides scholarships to cancer survivors.
Nominated:
ESPY Awards
Won:
Golden Globe Awards
Nominated:
James Joyce Award
2008: James Joyce Award from University College Dublin's Literary and Historical Society in recognition for "excelling in his field".
MTV Movie Awards
Won:
Nominated:
Nominated:
Spike TV Guys' Choice Awards
Won:
Teen Choice Awards
Won:
Nominated:
Tony Awards
Nominated:
Category:1967 births Category:American comedians Category:American film actors Category:American impressionists (entertainers) Category:American people of Irish descent Category:American screenwriters Category:American television actors Category:American television producers Category:American television writers Category:American voice actors Category:20th-century actors Category:21st-century actors Category:Actors from California Category:The Groundlings Category:American comedians of Irish descent Category:American writers of Irish descent Category:Living people
Category:People from Irvine, California Category:People from Orange County, California Category:University of Southern California alumni
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Name | Brooke Fraser |
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Img capt | Fraser during the NZ Fashion Week 2010 |
Landscape | no |
Background | solo_singer |
Birth name | Brooke Gabrielle Fraser |
Born | December 15, 1983Wellington, New Zealand |
Origin | Wellington, New Zealand |
Genre | PopFolk rockChristian |
Occupation(s) | Singer-songwriter |
Instruments | SingingvocalsPianoGuitar |
Years active | 2002–present |
Label | Sony Music Wood + Bone |
Notable songs | Deciphering MeLifelineShadowfeet |
|url | http://www.brookefraser.com |
Fraser took piano lessons between the ages of seven and seventeen. She started writing songs at age twelve and taught herself the acoustic guitar at fifteen, although despite her singing success she has never taken singing lessons.
Following the release of What to Do with Daylight, Fraser toured Australia and New Zealand with American artist John Mayer and then toured New Zealand with veteran U.K. rock artist David Bowie. Whilst on tour with John Mayer, she met with his guitarist and keyboardist Michael Chaves who, after recording Mayer's album Heavier Things, Fraser enlisted to play on her album and future concerts.
For the second album, Fraser decided to enlist a new band, primarily constructed from American musicians who'd worked with an array of notable artists, both live and recorded. In 2006, Fraser and the band went into the studio in Los Angeles to record the album. Later, Fraser also allowed her MySpace page to give visitors a listen to the album's first single "Deciphering Me", which was later released initially to radio and ultimately to CD single, and achieved number four in the New Zealand single charts.
On 4 December 2006 Albertine was released in New Zealand, achieving double platinum status less than a month after its release and has remained, to date, in the top 20 every week since. The album was released in Australia and internationally on 31 March 2007. In Australia, it charted at number twenty-nine in its first week on 9 April and has thus far achieved Gold sales status in Australia.
On 6 April 2007, Fraser performed "Deciphering Me" for the Good Friday Appeal, an annual televised fundraising event to raise money for the Royal Children's Hospital in Melbourne.
In 2008, Fraser appeared on the Dave Barnes song "Believe" from his album Me + You + the World, performing backing vocals.
Albertine was also Fraser's U.S. debut, released 27 May 2008 and entered the Billboard 200 at number ninety on 19 July 2008. Her album propelled in success with online sales after being chosen as Editor's Choice on iTunes. On 4 July 2008 Fraser supported Canadian artist/U2 collaborator Daniel Lanois at the Montreal Jazz Festival. In August she toured the southern U.S. In September, she re-toured several major U.S. cities and completed the tour at the Shepherd's Bush Empire in London, UK.
Category:1983 births Category:Living people Category:New Zealand female singers Category:New Zealand pop singers Category:New Zealand singer-songwriters
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