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Wrongful Discharge

Doing Layoffs the Right Way

December 8, 2008
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Not surprisingly, layoffs often lead to lawsuits for wrongful termination. And while some may say that lawsuits are an inevitable part of doing business, there are ways to minimize the risk of litigation that so often accompanies layoffs. Here are some guidelines for this difficult process.
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TOOL Retaliation Not Allowed

November 11, 2008
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The U.S. Equal Employment Opportunity Commission's Web site page on ‘Retaliation’ details what by law is considered retaliation against an employee who files a charge of discrimination, participates in a proceeding investigating a claim of discrimination or otherwise opposes discrimination.
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The Right Things to Do to Avoid Wrongful Termination Claims

October 23, 2008
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What can your company do to reduce the risk of employment claims that may arise from necessary terminations? It’s nothing different from what most companies do day in and day out. But now, more than ever, it is important to be consistent and mindful of the process when it comes to making these difficult decisions and taking action.
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Gun Possession and Employer Rights Under State Laws

September 1, 2008
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Several states have laws that protect the right of individuals to possess guns at work. In this case—at least in Florida—employers are advised to follow an unofficial “don’t ask, don’t tell” policy concerning whether an employee has a gun in a locked vehicle at work.
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Challenge to Non-Compete Agreement Upheld

September 1, 2008
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Under California law, an employer’s refusal to release an employee from an invalid noncompete agreement provides an employee with a claim for intentional interference with prospects for a job with another company. Employers should consult applicable state and local laws when considering noncompete agreements under any circumstances.
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Wider Bases for Retaliation Claims, but Not Better Chances for Plaintiffs to Win

August 8, 2008
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The Supreme Court’s decisions in two cases are not entirely bad for employers. While they endorse an additional means to sue an employer, they do not change the burden of proof needed for an employee to prevail on a retaliation claim.
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With an Aging Workforce, a Rising Risk of Discrimination Claims

July 1, 2008
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Many age discrimination claims are brought against companies that have made legitimate business decisions in which an employee’s age is not a factor. The challenge for companies, then, is creating a structured employment environment that lessens the likelihood and potential severity of discrimination claims.
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Skip the PIP

May 28, 2008
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Sometimes, parting ways is the right thing to do, and introducing a performance improvement plan that merely forestalls an inevitable result seems straight out of Dilbert.
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High Court Confirms Alternate Avenue for Retaliation Claims

May 27, 2008
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A 7-2 Supreme Court majority ruled that a former Cracker Barrel assistant manager could sue the restaurant’s parent company under a 19th century law for allegedly firing him after he complained about the discriminatory behavior of a supervisor.
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