Practical HR Tips, News & Advice. Updated Daily.
Noncompete agreements between employers and their employees traditionally are governed by state law. But that didn’t stop the Antitrust Division of the U.S. Department of Justice (DOJ) from recently filing a statement of interest encouraging a Nevada state court to consider federal antitrust principles to invalidate noncompete agreements between a large medical group and its physician-employees.
A recent lawsuit in San Antonio mixes all the elements of a potboiler novel: an executive lured to a competitor, trade secrets allegedly disclosed, lawsuits galore. The plot, however, is as old as time.
The U.S. District Court for the Northern District of Georgia recently decided a case involving trade secrets and restrictive covenants after a former employee took a customer contact list with him when he left to work with a competitor. The court’s ruling serves as an important reminder for employers.
Here is the skinny on the Occupational Safety and Health Administration’s (OSHA) much-anticipated emergency temporary standard (ETS) on COVID-19 vaccinations for large employers. Released on November 4, the policy requirements take effect December 5 and must be fully implemented by January 4, 2022. What Large Employers Need to Know Who is covered? The ETS covers all […]
by Keri Bennett In Canada, courts can award two extraordinary forms of damages in a wrongful dismissal action: aggravated damages or punitive damages. In a wrongful dismissal action, employees who are terminated for cause often claim that they should be awarded aggravated and/or punitive damages in addition to reasonable notice damages. In a recent decision […]
by Leslie Silverman Employers should be aware that the position statements they submit to the Equal Employment Opportunity Commission (EEOC) are now far more likely to end up in the hands of the employees who filed those charges and their attorneys. The agency has instructed all of its 53 field offices to release respondents’ position […]
by Scott A. Holt Significant time, money, and resources often go into developing client relationships, so it is only natural that businesses take steps to protect those intangible assets. Many employers require employees who have significant contact with clients to sign nonsolicitation agreements. However, executing and enforcing nonsolicitation agreements are two different matters. Like traditional […]
by Keri Bennett The Supreme Court of Canada tells Canadian employers that they must strike a balance between the severity of the misconduct and the sanction imposed when deciding whether to terminate employment for cause. So what happens when the misconduct is a single act? Can that justify termination for cause? According to the British […]
By Christina Hall It is usually good news for employers and employees if they are able to resolve an employment dispute and reach a settlement before engaging in protracted litigation. However, finalizing the details of a settlement can be a tedious process. When the parties rush through the process or fail to properly consider the […]
by David McDonald When an employee announces that he or she is resigning in order to go work for a competitor, it is only natural for an employer to become anxious—particularly when the departing employee has access to the business’s confidential information. Complicating matters further is the technological ease with which an employee can wrongfully […]