Confidential Information

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    Noncompete agreements are little more than a memory in several states, including California and Colorado. Legislative measures there have all but eradicated employment agreements that restrict an employee's ability to work for a competitor after leaving his job. These states view noncompetition agreements as unfair restrictions on trade that are...
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    With the onslaught of social networking tools, it's no wonder that social media has become an increasingly popular litigation topic for employers. Courts began addressing the issue by deciding whether social media can be used in lawsuits and whether employees can be terminated because of their Internet postings. Now, the new wave of social media-...
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    The Equal Employment Opportunity Commission (EEOC) has the ability to subpoena a broad array of documents and records from third parties. Responding to such a subpoena can impose a costly burden on third parties. EEOC's broad subpoena powers An employer's dealings with the EEOC typically stem from an administrative charge filed by a current...
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    Art Linkletter and Bill Cosby were right — kids say the darnedest things. Unfortunately, some of those "things" may not be as cute, innocent, and humorous as Linkletter and Cosby thought. In fact, some of the things kids say may be outright boorish and malicious. A former private school headmaster in Miami found that out the hard way....
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    An at-will employee can be fired for any reason as long as the reason doesn't violate a statute or North Carolina public policy. The North Carolina Court of Appeals recently decided that the firing of a small town police chief violated public policy. As a result, the court upheld a jury award of $100,000. Background Timothy Blakeley was hired...
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    This was an interesting year for employment law issues in the Tennessee General Assembly. Despite early rumblings about amendments to last year's "guns in trunks" law that would've provided clarification about whether Tennessee employers may lawfully fire employees who violate broad "no weapons" policies, the only changes to that law at the end of...
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    HR professionals are frequently asked to do more with less. Moreover, these are challenging times, with companies facing increased employment litigation but having fewer resources for programs to strengthen the quality and longevity of the workforce. Exit interviews represent an effective and inexpensive, albeit little-used, tool for spotting and...
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    In response to an inquiry from a U.S. senator, the California attorney general (AG) released an opinion in February on the lawfulness of an employer's practice of videotaping its truck driving employees, allowing the videotapes to be inspected by a third party, and using the videotapes as grounds for imposing employee discipline and for training...
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    The Delaware Court of Chancery is recognized nationwide as the preeminent venue for business litigation. The court has highly qualified judges who are familiar with the complexities of business and prioritize the resolution of cases through quick and pragmatic decisions. In short, Delaware businesses are fortunate to have the court at their...
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    According to National Labor Relations Board (NLRB) administrative law judge (ALJ) Joel Biblowitz, a Massachusetts car dealer was OK in prohibiting employees from wearing pins for safety reasons but could not ban clothing with insignia or messages on it. In a recent decision, Biblowitz ruled that a dress code prohibiting employees who have contact...
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