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Articles by Jon Hyman

Mind Your Internal Emails to Avoid Discrimination Issues

February 25, 2014
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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.
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Is Obesity the Same as a Green Mohawk?

February 24, 2014
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Don't take appearance into account when making employment decisions. Hiring and firing should be image-blind, performance-only decisions.
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OSHA Protects Employees From Retaliation for Reporting Injuries?

February 20, 2014
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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.
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NLRB: No Such Thing as an Online Picket Line

February 19, 2014
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This decision displays a fundamental misunderstanding about social media. Nothing about social media is private. It is public, interactive, and immediate.
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Can You Have a One-Person Reduction-in-Force?

February 18, 2014
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It does not make a difference if the layoff includes one employee or 100 employees, provided that those eliminated are not replaced.
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Does Inevitable Disclosure Protect Your Company’s Trade Secrets? It Depends.

February 14, 2014
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The issue boils down to whether your state’s trade-secrets law prohibits threatened misappropriation of trade secrets in addition to actual misappropriation.
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A Proposed Solution for the EEOC’s Position on Retaliation in Severance Agreements

February 13, 2014
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Don’t shred your settlement and severance agreements just yet. Modify your agreements to bolster and clarify the protected-activity carve-out.
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EEOC Claims Retaliation Over Garden-Variety Severance Terms

February 12, 2014
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If the EEOC is successful in this lawsuit, employers will have to reconsider key provisions in their severance and settlement agreements.
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Another One Bites the Dust: NLRB Invalidates Confidentiality Policy

February 11, 2014
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Limiting discussion of trade secrets and other confidential, proprietary information is fine. Wages and other terms and conditions of employment, however, are off limits.
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Proposed Ambush Rules and Proactive Union Avoidance

February 10, 2014
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The importance of having your union avoidance strategy in place before a union comes knocking will be even more important if these new election rules take hold.
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