Category: Employment litigation

Employers: Make Sure Your Settlement Agreement Gets You What You Want!

Scott F. Cooper

On September 11, 2017, the United States Court of Appeals for the Third Circuit revived a lawsuit under the Family and Medical Leave Act (“FMLA”) that the employer claimed was barred by settlement of an employee’s workers’ compensation claim.

The case of Zuber v. Boscov’s provides valuable lessons for employers who think they have concluded matters with an employee through a settlement only to find out that not all claims were released. Continue reading “Employers: Make Sure Your Settlement Agreement Gets You What You Want!”

Employees after the Disaster . . . !

Scott F. Cooper

There is an old saying that natural disasters bring out the worst in nature and the best in people. As Hurricane Harvey has shown us, massive devastation is often followed by extraordinary human achievements.

As conditions return to normal in Texas and Louisiana, there are some legal and practical things employers should keep in mind to avoid making an already bad situation worse. These six tips apply just about any time Mother Nature unleashes her fury, including snow, ice, and fire. Continue reading “Employees after the Disaster . . . !”

Conflicting Marijuana Laws Leave Employers High on Confusion

First in a Series of Blogs

Asima J. Ahmad

Over half of the states in the country allow for the limited possession of marijuana for medicinal purposes. Several states, including New York, Connecticut, and Illinois, even provide explicit workplace protections to prevent adverse employment actions against medical marijuana patients. However, the Controlled Substances Act (“CSA”) makes it a federal crime to use, possess, or distribute marijuana. Under federal law, marijuana remains classified as a Schedule I controlled substance, regardless of whether it has any acceptable medical uses. So what should an employer do when an applicant or employee fails a drug test due to marijuana use, or after being informed that an applicant or employee needs to use marijuana as part of his or her medical treatment? These questions are slowly making their way into courthouses across the country, and two recent cases may prove to be instructive. Continue reading “Conflicting Marijuana Laws Leave Employers High on Confusion”

“In Term” Covenants Not to Compete Void or Valid?

California Employers May Restrict Their Employee’s Ability to Compete During the Term of Employment

Caitlin I. Sanders

Overview of California Noncompete Law

California employers know well that they cannot restrict their former employees from competing after the employment relationship ends. With limited exceptions, California law invalidates every contract under which a person is prevented from engaging in his or her profession, trade, or business.

California Business and Professions Code section 16600 codifies California’s longstanding public policy favoring open and uninhibited competition in the employment context. California’s public policy declaration can be summed up as follows: “The interests of the employee in his own mobility and betterment are deemed paramount to the competitive business interests of the employers….” Diodes, Inc. v. Franzen, 260 Cal. App. 2d 244, 255 (1968). Continue reading ““In Term” Covenants Not to Compete Void or Valid?”