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Articles by Jon Hyman

A Hypnotic Tale About Choice of Law and Noncompete Agreements

October 22, 2013
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Choice of law can be outcome determinative in non-compete cases. Because state law governs the enforceability of noncompete agreements, there are 50 different possible sets of rules for your contract.


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Riffing on the Right Way to do Workforce Reductions

October 21, 2013
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Done poorly, RIFs open employer to widespread claims of discrimination that can prove more difficult to defend than the savings the employer hoped to realize from the layoffs.


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Smoking Out the Law on e-Cigarettes in the Workplace

October 18, 2013
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Laws that prohibit smoking in the workplace are a floor, not a ceiling. You are free to ban e-cigarettes in your workplace, and should consider doing so.


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The Devil Went Down to the EEOC:A Story on Religious Accommodation

October 17, 2013
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Before you dismiss an employee’s request for a religious accommodation as silly or outrageous, stop, think, and decide whether the expense or difficultly in making the accommodating exceeds the cost and aggravation of defending a possible discrimination lawsuit.


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Can George Costanza Sue for Sexual Harassment or Retaliation?

October 16, 2013
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There is nothing wrong with employees dating. Nothing good, however, comes from a boss having relations with a subordinate employee, especially one who is a direct report.


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The Case Regarding Unpaid Intern Sexual Harassment

October 15, 2013
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Critics of this decision argue that it leaves interns unprotected from harassment. Yet, there are three reasons why this decision doesn’t have nearly as big an impact as some would like you to believe.
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When Coyote Posts Get Ugly

October 13, 2013
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Why social media posts about current and former employees from saloon franchise Coyote Ugly's management opened the door to lawsuits.
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How to Handle the Malingering FMLA Abuser

October 10, 2013
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If you believe that an employee is abusing FMLA leave, build your case. Uncover enough facts to support your belief that that employee is committing fraud.


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It’s Time to End Sexual Orientation and Gender Identity Discrimination

October 9, 2013
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The time has come for Congress to step up to the plate and enact legislation including sexual orientation and gender identity as protected classes, and bring to and end the shameful protection of discrimination against this marginalized class of individuals.


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The High Price of EEOC Background Check Litigation

October 8, 2013
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Perhaps one solution to this crisis is for Congress to engage in some simple oversight over the agencies that enforce our various laws, including the EEOC. $751,942.48 in taxpayer money is a costly investment to chase a fool's errand.


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