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Michael C. Jacobson

Michael C. Jacobson

XpertHR - Partnered with LexisNexis


Latest Publications

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Employers Sanctioned By Federal Courts For Destroying Records

Employers in two recent EEOC cases were sanctioned by federal courts for destroying employee records. These rulings illustrate the need for employers to develop and implement document retention procedures to avoid costly...more

4/11/2013 - Data Retention EEOC Personnel Records Sanctions Spoliation

New Exception To Employment At-Will In Oregon

Oregon employers should immediately tailor their job offer and onboarding practices to reflect a new ruling by the Oregon Supreme Court, which carved out an exception to the employment at-will doctrine....more

3/19/2013 - At-Will Employment Hiring & Firing Job Offers Promissory Estoppel

Rising Retaliation Claims Reveal Need For Improved Employer Termination Procedures

According to the Equal Employment Opportunity Commission (EEOC), retaliation claims rose again in fiscal year 2012, the sixth year in a row. Given the costly and time-consuming nature of an EEOC investigation and lawsuit,...more

2/13/2013 - Arbitration Discipline Discrimination Documentation EEOC Hiring & Firing Mediation Performance Reviews Release Agreements Retaliation Termination Whistleblower Protection Policies Whistleblowers

Supreme Court of Virginia: Supervisors May Be Personally Liable for Wrongful Termination

Virginia employers take notice: your employees in supervisory roles can now be sued for wrongful termination individually. In VanBuren v. Grubb, +2012 Va. LEXIS 193 (Va. 2012), the Supreme Court of Virginia ruled that...more

12/5/2012 - Employer Liability Issues Public Policy Supervisors Termination

Supreme Court: Arbitration Agreements May Trump Conflicting State Law

Employers that utilize arbitration agreements just received a major vote of confidence from the Supreme Court of the United States (SCOTUS). In Nitro-Lift Technologies, LLC v. Eddie Lee Howard, et al., +2012 U.S. LEXIS...more

12/3/2012 - Arbitration Agreements Federal Arbitration Act Non-Compete Agreements SCOTUS

Fiscal Cliff May Still Trigger WARN Act Protections Despite Government Guidance to the Contrary

Despite written guidance from the Department of Labor (DOL) and the White House through its Office of Management and Budget (OMB), the so-called "Fiscal Cliff," a series of budget cuts and simultaneous expiration of tax cuts,...more

11/20/2012 - DOL Fiscal Cliff OMB Tax Increases WARN Act

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