In years past, I’ve looked at my crystal ball, I’ve read the tea leaves and I’ve even examined my Magic 8-Ball sitting in my office. (You never know when you need one.)
I’m out of prediction-making tools.
And indeed, since I started doing this, there are now national lawfirms that are offering up
The Dialogue – an occasional discussion between myself and a prominent employee-side attorney, Nina Pirrotti returns today after a late summer hiatus. Today’s chat focuses on employee separations and severance agreements. Share your own tips or observations in the comments below. As always, my thanks to Nina for sharing her insights here.
Dan: Hi Nina!
So, a couple of months back, I talked about how separation agreements for small employers might not be covered by the federal law that covers such agreements.
After all, since the Age Discrimination in Employment Act only applied to employers that have 20 or more employees, the requirements for a “knowing and voluntary waiver”
Over the weekend, The New York Times ran a surprising (at least to me) article about how Idaho has implemented a legal framework that gives employers a great deal of flexibility in an area getting a good deal more publicity of late: Non-compete agreements. (H/T to a post by Suzanne Lucas in Inc. too.)
My colleague Gary Starr returns today with a story worth reading about the need for employers to secure confidential information. Although it is based on Massachusetts, the concepts it covers may have some carryover to employers elsewhere as well.
Employers that maintain records of their employees and customers and allow employees have access to
Continuing my review of new employment-related bills is a measure that limits the use of non-compete agreements for doctors.
Anyone who tracks bills knows that the name on the bill sometimes doesn’t match the content. Senate Bill 351 entitled “AN ACT CONCERNING MATTERS AFFECTING PHYSICIANS AND HOSPITALS” is a good case in point.
Seems innocuous
Before I even begin this post, let me advance the disclaimer right off the bat: Despite the title of this post, there is no sure-fire way to fire an employee without getting sued.
Indeed, the title is a bit of a misnomer. It’s often been paraphrased that anyone can sue anyone else for anything at
In catching up over some interesting employment law cases from 2015, I came across Lennon v. Dolce Vida Medical Spa (download here). You would be forgiven if you missed it because it’s an unreported Superior Court decision on a seemingly-technical issue.
But, if followed by other courts, it has a notable twist.
First, the
Just a quick followup today on a post from last month.
As I reported then, a District Court judge dismissed a closely-watched EEOC lawsuit against CVS challenging a pretty standard severance agreement. But the grounds for the dismissal were unknown back then.
The wait is over; the written decision was released yesterday. For
Back in June, I talked about the standard that courts will follow in deciding whether or not to enforce a non-compete agreement between an employer and an employee. (Go read it here first.)
But many employers want to know something more straightforward: How long can I make the restrictive covenant in my agreement; in