RSS icon

Top Stories

Policies and Procedures

Why We put Plaintiffs to Their Proof

February 26, 2014
Comments (0)
No law has been violated until a plaintiff proves those facts through evidence. If the plaintiff doesn’t have the evidence to support the alleged facts, the plaintiff loses.
Read More

Mind Your Internal Emails to Avoid Discrimination Issues

February 25, 2014
Comments (0)
If you don’t want something to appear on the front page of the newspaper, or to be read in front of a judge or jury, don’t put it in writing. Don’t email it, don’t text it, don’t Facebook it, and don’t tweet it.
Read More

Is Obesity the Same as a Green Mohawk?

February 24, 2014
Comments (0)
Don't take appearance into account when making employment decisions. Hiring and firing should be image-blind, performance-only decisions.
Read More

OSHA Protects Employees From Retaliation for Reporting Injuries?

February 20, 2014
Comments (0)
The Labor Department is watching this issue. These types of claims are increasing, and you take a risk of a retaliation claim if you terminate an employee who reported a workplace injury.
Read More

Can You Have a One-Person Reduction-in-Force?

February 18, 2014
Comments (0)
It does not make a difference if the layoff includes one employee or 100 employees, provided that those eliminated are not replaced.
Read More

Does Inevitable Disclosure Protect Your Company’s Trade Secrets? It Depends.

February 14, 2014
Comments (0)
The issue boils down to whether your state’s trade-secrets law prohibits threatened misappropriation of trade secrets in addition to actual misappropriation.
Read More

A Proposed Solution for the EEOC’s Position on Retaliation in Severance Agreements

February 13, 2014
Comments (0)
Don’t shred your settlement and severance agreements just yet. Modify your agreements to bolster and clarify the protected-activity carve-out.
Read More

EEOC Claims Retaliation Over Garden-Variety Severance Terms

February 12, 2014
Comments (0)
If the EEOC is successful in this lawsuit, employers will have to reconsider key provisions in their severance and settlement agreements.
Read More

Time-Off Policies: Leave Well Enough Alone or Go PTO?

February 11, 2014
Comments (0)
Moving to a PTO system has many advantages, including: reducing unscheduled absences and making an employer more attractive for recruiting.
Read More

Another One Bites the Dust: NLRB Invalidates Confidentiality Policy

February 11, 2014
Comments (0)
Limiting discussion of trade secrets and other confidential, proprietary information is fine. Wages and other terms and conditions of employment, however, are off limits.
Read More