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Why Did The Lawyer Put This In My Employment Contract?: The Termination Clause

In yet another attempt to explain the legalese that lurks in your employment contracts, today I'll talk about some of the language you might see in the contract you sign when you're first hired: the termination clause. It's something you don't really want to think about when you're...

Drafting: No Defendant Left Behind

In Hoogland v. Kubatzke , the Michigan court of appeals addressed the issue of whom can benefit from a provision in an employment contract which shortens the limitations period for legal actions, including discrimination cases. The plaintiff had filed an multi-count action in federal court against...

Adverse Employment Action and an Expired Employment Contract: Time for the Michigan Supreme Court to Review

In Wurtz v. Beecher Metropolitan District , the Michigan Supreme Court will address the issue of whether a plaintiff in an action brought under the Michigan Whistleblowers' Protection Act can suffer an adverse employment action when the defendant did not renew or extend plaintiff's employment...

Pennsylvania Superior Court Requires Additional Consideration For Non-Compete From Current Employee

by Jami K. Suver The Pennsylvania Superior Court recently ruled in Socko v. Mid-Atlantic Systems of CPA, Inc. , that non-compete agreements signed during employment are not enforceable unless the employer provides its employee additional consideration in exchange for signing [ an enhanced version...

You Can Take My Word For It....At Least For Now

In Klein v. HP Pelzer Automotive Systems, Inc. , the Michigan court of appeals reversed the lower court's grant of summary disposition on the claim that the employer breached an express contract to pay severance [a n enhanced version of this opinion is available to lexis.com subscribers] . It vacated...

Employment Contracts (Whether You Like Them or Not)

At the end of August, our new law firm will be half a year old. After a decade of practicing law in other peoples’ firms, I have to say, being the owner of the business is even better than I had expected. It’s not fewer hours, has just as many (but different) headaches, and the day to day...

Two All-Beef Patties, Special Sauce … and a Noncompete?

While the law of noncompete agreements is state-specific, generally you need three things to enforce such an agreement: reasonableness as to the duration of the agreement, reasonableness as to its geographical scope, and reasonableness as to the interest the employer is attempting to protect. So, what’s...

States With Pro-Employee Laws: Noncompete Agreement Hardship on Employee as Defense

Or, States That Don't Suck For Employees Part VIII Living in Florida, one of the worst states in America for employees on noncompete agreements, I'm used to having to deal with a statute that says the courts cannot consider any economic hardship on the employee when enforcing noncompete agreements...

States With Pro-Employee Laws: Consideration For Noncompete Can't Be Continued Employment

Florida, like some other states, allow unscrupulous employers to present noncompete agreements to existing employees and say, "Sign or be fired." What does the employee get for agreeing not to work for a competitor for a year or two? Continued employment. That's it. The effects of this...

Unconscionable Employment Arbitration Agreements

Well, we only have two weeks left in the semester in my employment law class at Penn State. Frankly, I'm disappointed in myself for not blogging more about the interesting cases and issues we're covering in class. I'm covering arbitration today, including a fairly recent Third Circuit opinion...

Supreme Court Denies Review in Iskanian v. CLS Transportation

Today, the United States Supreme Court issued an order denying review of the California Supreme Court’s decision in Iskanian v. CLS Transportation . CLS Transportation had petitioned for review of the California Supreme Court’s recent ruling that a PAGA representative action waiver in an...