     EXCELLENT

At-Will Employment in Washington, D.C.: An Employer’s Advantage

In the District of Columbia, an at-will employee generally cannot sue a third party (other than an employer) for causing his or her firing. This holds true even for a third party strongly adverse to the employee like a former employer seeking to enforce its non-compete agreement against the employee. Metz v. BAE Systems Technology Solutions & Services, Inc., No. 12-1694, (D.D.C. Sep. 20, 2013).

Stephen Metz filed suit against his former employer BAE Systems for threatening to enforce his non-compete against him and his new employer, ALION. Metz had been a vice president at BAE until BAE laid him off with a Waiver and Settlement Agreement that included a one year non-compete provision. Within three months, Metz accepted an offer for a vice president position with ALION and worked there for only a month when ALION fired him in response to BAE’s demand letter.

Metz claimed that BAE tortiously interfered with his at-will employment with ALION as well as with his alleged prospective economic advantage, and lastly that BAE breached an implied covenant of good faith and fair dealing. In response to these claims, BAE filed a motion to dismiss each count, which the court granted based on the District of Columbia Court of Appeals’ jurisprudence regarding at-will employment.

In Washington, D.C., at-will employment cannot be the basis of a tortious interference suit. The logic behind this, the court explained, is that “if there is no fixed or assured employment there is nothing tangible with which to interfere.” Nor can at-will employment support a claim for interference with a prospective economic advantage. The court forcefully rejected Metz’ argument that D.C. should follow other jurisdictions and permit his claim. Lastly, Metz’ argument for an implied covenant of good faith and fair dealing similarly failed to impress the court. Metz’ Waiver and Settlement Agreement for severance pay and benefits from BAE did not create an “‘implicit’ right to the inverse” – prohibiting his employment with competitors did not inversely guarantee him the right to employment with any non-competitor. (Metz alleged that ALION was not a competitor to BAE.)

In sum, an at-will employee in the District should tread carefully and proactively seek to preserve his or her employment when a third party contacts his or her employer.

Client Reviews

    
 
 
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   Anonymous 
 
 
 
 Trustindex verifies that the original source of the review is Google. I was facing a charge of Reckless Driving for speeding on I66 at midnight. This is considered a Class 1 Misdemeanor in the state of Virginia. Having something like Reckless Driving on your record is on par with having a DUI. This charge also carries a chance for jail time (up to a year). I was incredibly scared because I had never faced such a charge. And looking into Virginia Law, my speed exceeded 90mph, which is quite serious. I retained Dave Albo to help me with this case. Since my record was clean, Dave had advised I do the following before my trial. * Take a DMV Driver's Improvement Course * Take a Behavior Modification Course * Do 100 hours of community service * Print my DMV Record one week before the trial On the day of my trial, Dave got my Reckless Driving charge REDUCED to a regular Speeding charge. This was the absolute best case scenario for me. No criminal record. No jail time. No suspension of license. I did receive 6 demerit points and had to pay a fine of $250 (plus court fees). But that's a slap on the wrist, compared to what I could have been facing. Thank you Dave Albo for helping me through this ordeal!
  
 
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   Tom 
 
 
 
 Trustindex verifies that the original source of the review is Google. Dave albo it's a fantastic lawyer. He has helped me twice now with great results both times with minor traffic tickets. I would recommend him to anybody including my family. He has great ethics and honesty which is what I look for in a lawyer .
  
 
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   kendall carpenter 
 
 
 
 Trustindex verifies that the original source of the review is Google. Dave was my attorney recently for a car accident where I needed someone to represent me in court. After exchanging all necessary information he reassured me when the court date came that there wouldn’t be anything to worry about. On the day of court a couple problems arose and Dave was able to rectify them quickly, told me everything I need to say if needed and when it was all over he got my violation reduced significantly. I hope to never go to court again but if I do I will being calling Dave again.
  
 
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   Amanda Stallard 
 
 
 
 Trustindex verifies that the original source of the review is Google. Retaining the services of Mr. Albo for traffic court was probably the best decision I made. He is very responsive to emails, knowledgeable, and punctual. He provided excellent advice that eased the panic of having to go to the court house and stand before a judge. I am very happy with the outcome of my visit to traffic court and highly recommend Dave Albo.
  
 
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   Mark West 
 
 
 
 Trustindex verifies that the original source of the review is Google. Mr Albo was very professional and I was pleased with the outcome.
  
 
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   M 
 
 
 
 Trustindex verifies that the original source of the review is Google. David was incredible to work with from clear communication and next steps. To showing up to traffic court early to walk over all steps, making case in court as experienced/intelligent/well spoken lawyer. Lastly, he even followed after case in writing to confirm the outcome outlining everything that happened in lamen terms (in my case the best outcome we could ask for). I’m so appreciative to David.
  
 
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   mitquinn88 
 
 
 
 Trustindex verifies that the original source of the review is Google. Absolutely top notch representation. Can't thank Dave enough for his knowledge and expertise.
  
 
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   G R 
 
 
 
 Trustindex verifies that the original source of the review is Google. Thanks to Dave Albo for a fantastic job representing me and ensuring the best possible outcome for my case.  I highly recommend him - you will be in good hands for sure.  From start to finish he provided expert counsel and kept me well informed.  He  simply could not have done a better job.
  
 
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   Hope Carrigan 
 
 
 
 Trustindex verifies that the original source of the review is Google. I am THRILLED with the outcome of my case, all thanks to Attorney Albo's superb expertise, excellent advice & sharp negotiating skills! I am extremely relieved and  grateful; I highly recommend retaining his services. Well beyond worth it!!
  
 
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   Doug Damron 
 
 
 
 Trustindex verifies that the original source of the review is Google. Dave did a great job representing me for my traffic court infraction! I wanted the best and his name came up as I searched for an attorney. Highly recommend him on all levels including a successful outcome to my case.