Tag: litigation

Customer Contact Info May Be Trade Secret, Georgia Federal Court Rules

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.

Federal Appeals Court Finds Town’s Decision Not to Reappoint Employee on FMLA Leave Lawful

The town of Kingston didn’t violate the Family and Medical Leave Act (FMLA) or state disability discrimination laws when it decided not to reappoint an employee on FMLA leave to her position after her predetermined term expired, the U.S. 1st Circuit Court of Appeals (which covers Massachusetts employers) recently ruled, upholding a lower court’s opinion. […]

Unconditional Offer to Reinstate Employee Prevents Wrongful Discharge Claim

I often receive calls from employers that say they just met with an employee to talk about job performance, the session didn’t go well, and now the company has received a bizarre communication from the individual and doesn’t know how to proceed. After I’ve read the message and talked with the employer, it becomes clear […]

Timing Matters: Employee Fired During FMLA Leave for Months-Old Problems

Though the following case is still in its infancy, it tees up several common concerns in employment litigation. A new supervisor arrives on the scene and starts pointing out performance problems for the first time (calling into question the veracity of the critique). The employee goes out on leave for medical conditions. The employer decides […]

arbitration

Employee ‘Unaware’ of Signed Arbitration Agreement Compelled to Arbitrate

When launching an arbitration agreement, you must understand the pros and cons of requiring your employees to sign one as well as which workers should be covered and the hurdles of enforcement. Depending on the potential value of the claim to be arbitrated, the filing fee could result in a five-figure charge just to initiate […]

HR

10 Mostly Nonpandemic-Related Challenges Facing HR Pros

The COVID-19 pandemic is continuing but isn’t the only challenge employers face. Here are 10 goals you would do well to consider in the months ahead to mitigate against the risk of an employment lawsuit or agency complaint and position your business to comply with new workplace laws and regulations.

video

Employee Exit Searches: Stay Compliant and Avoid Liability

The California Supreme Court recently decided in Frlekin v. Apple, Inc. that time spent by employees waiting for, and undergoing, required exit searches is compensable and should be considered “hours” worked under California wage orders. This includes searches of employees’ belongings that have been voluntarily brought to work purely for the employees’ personal convenience.

arbitration

1st Circuit Reminds Employers to Ensure All Parties Have Agreed to Arbitration

Recently, the United States Court of Appeals for the 1st Circuit—which covers Maine, Massachusetts, New Hampshire, and Rhode Island—held that an arbitration agreement between a company and a vendor wasn’t enforceable against one of the vendor’s delivery drivers who didn’t have notice of the agreement. The court’s ruling is a reminder that companies seeking to […]