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The <i>Horn</i> Decision: Significant Victory for Employers
New York's Court of Appeals recently issued an important decision in which it declined to expand the narrow exception to the 'at-will' employment doctrine enunciated in Wieder v. Skala for attorneys to physicians employed by non-medical employers. The court's decision in Horn, however, arguably is limited to that particular class of physicians whose duties are not limited to providing medical treatment, but include non-medical-related management responsibilities as well. Consequently, the court will likely be faced with future attempts by professionals, including physicians employed by medical employers, to expand the Wieder doctrine to them.
Legal Background
In Wieder v. Skala, the Court of Appeals recognized a significant exception to the employment-at-will doctrine for attorneys. Wieder involved an attorney who was terminated by his law firm because of his insistence that the firm report another associate's misconduct to the to the Appellate Division
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