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... Read More
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... Read More
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... Read More
Florida's noncompete statute is, no doubt, harsh on employees and extremely favorable to employers. However, the 11th Circuit Court of Appeals just made it a bit less harsh. The court ruled that, although Florida law bans the courts from considering... Read More
For now, California employers may continue to require new hires to enter into binding mutual agreements to arbitrate all disputes. In a veto action that was somewhat unexpected, California Governor Edmund G. ("Jerry") Brown declined to sign... Read More
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... Read More
On October 19, 2015, in Davis v. New York City Department of Education , No. 14-1034-cv, 2015 U.S. App. LEXIS 18115 (2d Cir. Oct. 19, 2015), the U.S. Court of Appeals for the Second Circuit held that “the denial or reduction of a discretionary bonus... Read More
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... Read More
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... Read More
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... Read More
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... Read More
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... Read More
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... Read More
Earlier this week, a California Court of Appeal issued its published opinion in Garrido v. Air Liquide Industrial U.S ., holding that a class action waiver in an employment arbitration agreement was unconscionable and unenforceable. You're thinking... Read More