Legal Opinion · Dissent

Sawyer v. E.I. Dupont De Nemours & Co.

Court of Appeals for the Fifth Circuit

Decided April 20, 2012No. 11-40454Published

1DissentJennifer Walker Elrod, Circuit Judge

An employee either is or is not at-will. There is no such thing as somewhat at-will, or as the majority puts it “sufficiently non-at-will.” In fact, the majority’s conclusion brings to mind Miracle Max’s diagnosis that Westley was “mostly dead.” See Princess Bride (20th Century Fox released Sep. 25, 1987).1 Here, the collective bargaining agreement unreservedly limits DuPont’s ability to fire employees “except for just cause.” The covered employees are not at-will.2 I respectfully dissent.

An employee, who believes he has been unjustly discharged, shall be allowed ten (10) calendar days, from…

2Cases cited14 opinions

  1. American Ship Building Co. v. National Labor Relations BoardSupreme Court of the United States · 1965
  2. Laborers Health & Welfare Trust Fund v. Advanced Lightweight Concrete Co.Supreme Court of the United States · 1988
  3. Montgomery County Hospital District v. BrownTexas Supreme Court · 1998
  4. Hussong v. Schwan's Sales Enterprises, Inc., Texas Court of Appeals, 1st District (Houston)1995
  5. Curtis v. Ziff Energy Group, Ltd., Texas Court of Appeals, 14th District (Houston)2000

9 more not listed; retrieve them via the Exa API.

Showing a preview — retrieve the full document via the Exa API.

Powered by the Exa API