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What's an employer to do when there is ample documentation to terminate an employee, but the employee has recently engaged in a protected activity? For example, what if the employee files a workers' compensation claim or takes FMLA leave in close proximity to performance issues? This presents a real timing dilemma for employers: Doesn't it look retaliatory to terminate the employee immediately after the protected activity?
When dealing with employee performance management and employee terminations, it is paramount to ensure that the documentation is accurate, fair, and consistent with verbal explanations. This seems simple enough, but it's all too easy to get into a situation where a simple omission or a sugar-coated explanation can land an employer in court.
In the vast majority of states, noncompete agreements are generally enforceable as long as they’re reasonable in terms of having a genuine business need, an appropriate geographic scope and an appropriate time duration. However, California law differs significantly from most states in this regard.