Thomas Pence

Thomas Pence

Foley & Lardner LLP

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Latest Publications


Have a Management Rights Clause? It May Not Save You from Bargaining with the Union

Many union employers insist on strong management clauses in their labor agreements. Such clauses contain language reserving for the employer the right to adopt new rules and regulations. A reasonable employer may assume that...more

9/29/2016 - Collective Bargaining Employer Liability Issues Management Rights Clauses NLRB Policies and Procedures Union Membership Unions

Changing Past Practices – You Might Already Have the Right to Do What You Want

Employers frequently find themselves in a situation where they have the right to do something under their labor agreements, but they have not been exercising the right. For example, the labor agreement might provide...more

5/17/2016 - Collective Bargaining Collective Bargaining Agreements (CBA) Contract Negotiations Employer Liability Issues Hiring & Firing Unions Wage and Hour

5 Tips for Retaining Employees in the Automotive Industry

Attracting and retaining employees in the automotive industry can be very challenging, especially when competitors are doing what they can to lure the best talent. After you provide an employee with a good job, training and...more

2/26/2016 - Automotive Industry Confidentiality Agreements Employee Engagement Employee Incentive Plans Employee Retention Exit Interviews Hiring & Firing Non-Compete Agreements Trade Secrets

Five Tips for Retaining Employees in a Competitive Business Climate

Attracting and retaining employees is always a challenge. After you provide an employee with a good job, training and development, customer contacts, and access to trade secret and other confidential information, it is...more

12/29/2015 - Confidentiality Agreements Employee Engagement Employee Retention Exit Interviews Hiring & Firing Incentives Non-Compete Agreements

Unfortunately, Offensive Racial Comments Don’t Always Get You Fired (At Least Under Labor Law)

Under the National Labor Relations Act, certain union activities are considered “protected.” That is, employees engaging in union activity, or union representatives carrying out their duties in the context of grievance...more

6/24/2015 - Anti-Harassment Policies Back Pay Discipline Employer Liability Issues Hiring & Firing Just Cause NLRA NLRB Protected Activity Race Discrimination Reinstatement Title VII Unfair Labor Practices Union Representatives Unions Wrongful Termination

Take Care to Avoid Reverse Discrimination Claims

Most discrimination cases involve claims that an employer discriminated against a minority employee on account of race, against a foreign employee based on national origin, or against a woman on account of gender. A recent...more


Assessing Credibility While Conducting Harassment Investigations

Employee Jones tells Human Resources that employee Smith has been making sexually offensive comments at work. Jones provides dates and details. Human Resources interviews Smith, who says Jones is making up the story and...more

1/28/2014 - Evidence Harassment Human Resources Professionals Internal Investigations

Considerations When Changing Enforcement of Personnel Practices

You catch a not-so-good employee sleeping on the job, and you want to fire him. You call your attorney, and the attorney asks how you have handled similar situations in the past. You tell the attorney it has been a mixed bag,...more

6/12/2013 - Arbitration Employment Contract Employment Policies Hiring & Firing Termination Unions

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