Employment Contract Hiring & Firing

News & Analysis as of

NY Attorney General Schneiderman Declares “War” on Non-Compete Agreements That He Perceives as Overbroad

In an initiative that is virtually without precedent in New York, in the past two months (June 15, June 22 and August 4) Attorney General Schneiderman announced agreements with three separate companies in three different...more

FEATURE: Proper Use of Confidential Information Provisions

One of the significant pitfalls businesses encounter is the misuse of confidentiality provisions in company policies and employment agreements. Nearly all employers include restrictive covenants prohibiting the use or...more

Nevada Supreme Court Rules that Overly Broad Non-Compete Agreements are Wholly Unenforceable

In July 2016, the Nevada Supreme Court held that when a non-compete agreement extends beyond what is necessary to protect the employer’s interest, the agreement is wholly unenforceable and courts may not modify or “blue...more

How should employers deal with pensions in a severance package?

HR professionals often ask us how to deal with pension issues when they structure severance packages for non-union employees. Should employees continue to earn pension benefits after termination of employment?  If so, for how...more

Donald Trump’s Contribution To Nevada Corporate Law (And My Book)

A signature block in a contract seems like a small thing, but sometimes it can lead to litigation. When an officer signs a contract, is he signing solely as agent for the corporation or might he also be signing in his...more

We Traced The Trade Secret Leak … It’s Coming From Inside The Business

Seyfarth Synopsis: Protecting trade secrets from employee theft requires more than using an NDA when onboarding new employees. If businesses want to protect their confidential information, they need to take a cradle-to-grave...more

In Like A Lion, Out Like A Lamb: Following Much Fanfare, Massachusetts Noncompete Reform Again Fails

In what has become a highly anticipated annual game of “Will They/Won’t They,” the Massachusetts legislature again failed to pass comprehensive noncompete reform legislation this year, despite much fanfare and high hopes from...more

Non-Competes to Stay in Massachusetts…For Now

Yesterday, Massachusetts woke up to what is becoming a regular occurrence: the legislature was unable to pass a bill limiting the use of non-competition agreements in the Commonwealth, although it came the closest it has in...more

Employment Law - July 2016 #2

Take Two: EEOC Amends Pay Data Collection Proposal - Why it matters - Tweaking its initial plan, the Equal Employment Opportunity Commission (EEOC) released an updated proposal about the collection of pay data from...more

Does Your Severance Trigger ERISA? Why You Should Care and What You Should Do

Generally speaking, many employers do not think about the Employee Retirement Income Security Act (ERISA) when it comes to severance, whether at the front end, when employment agreements or policies are negotiated and...more

Illinois Restrictive Covenants: July 2016 Update

Heads up, Illinois employers with post-employment restrictive covenants: three new cases may impact your enforcement efforts. One continues the split between state and federal courts as to whether continued employment is...more

Pokémon Go – Employees Stay: A Primer on Florida Non-Competition Agreements

Pokémon Go is the newest craze to hit smartphones, finding colossal success in America. Some estimates claim that five percent of all android users had installed the game on their phones within one week of launch. Nintendo’s...more

Clarifications Regarding Trial Period by the French Supreme Court

With two decisions dated March 31 and April 15, 2016, the Employment Division of the French Supreme Court (“Cour de cassation”) clarified the legal framework applicable to trial periods. The Supreme Court explained how to...more

Sale of a Business is Not Constructive Dismissal

In the decision 2108805 Ontario Inc. v. Boulad rendered on January 25, 2016, the Quebec Court of Appeal overruled the trial judge who had considered that the change of employer resulting from a change of ownership constituted...more

Reinstatement Following Dismissal

In McBride v Scottish Police Authority [2016] UKSC 27, the Supreme Court considered whether an Employment Tribunal had been wrong to order the reinstatement of an employee on restricted duties. The Employment Tribunal...more

What Is Termination For Cause?

“At-will” employment is an established legal principle in Connecticut. Most non-unionized Connecticut employers publish a statement to employees, either in an employee handbook or employment application materials or both,...more

Reminder to New Jersey Employers: Shortening the Law Against Discrimination’s Statute of Limitations is Prohibited

Employers in New Jersey should be aware that a recent New Jersey Supreme Court decision invalidated a contractual provision that shortened the statute of limitations for bringing a claim for discrimination under the Law...more

A null and void non-compete clause does not trigger automatic damages

Until now, there has been no requirement for an employee to demonstrate any loss suffered to be entitled to damages owing to a null and void non-compete clause inserted into his or her employment contract. In its...more

IRS Provides New 409A Guidance; New Proposed Regulations Provide Additional Clarity, Warn of Abusive Practices, and Present...

In Depth - Additional flexibility to use Section 409A exemptions - ..Expanded availability of the rules for transaction-based compensation for stock rights and incentive stock options. The final regulations allow...more

It’s All Good in China, Until It Isn’t: Tips and Flags for PRC Employers

Due to factors such as China’s rapid economic development, a disconnect between legislation and enforcement, the country’s historic reliance on personal connections (or guanxi) to do business, and idiosyncratic local...more

New Jersey Supreme Court Rules Employers Cannot Use a Private Agreement to Shorten the Two-Year Limitations Period for Filing an...

In a case of first impression, the New Jersey Supreme Court in Rodriguez v. Raymours Furniture Company, Inc. Docket No. A-27-14 (June 15, 2016), held that employers cannot shorten the limitations period for filing a claim...more

Ask the Health Law Gurus™: What is a Non-Compete Clause in an Employment Contract? Is it Enforceable?

Question: I have heard about non-compete clauses being negotiated in employment agreements with physicians. What is a non-compete clause? What does it mean if my contract has a non-compete clause?...more

Class and Collective Action Waivers Lawful under NLRA, Eighth Circuit Finds, Contrary to Seventh Circuit

The National Labor Relations Board erred in determining that a company violated the National Labor Relations Act by maintaining and enforcing a mandatory arbitration agreement which prohibited employees from bringing or...more

New Restrictions on Physician Non-Competes in Connecticut

A new Connecticut law significantly restricts the use of physician non-compete agreements. Public Act No. 16-95 (the “Act”), signed into law by Governor Dannel Malloy on June 2, 2016, limits the allowable duration and...more

Non-Compete Legislation In Massachusetts: Could It Actually Happen?

On May 16, 2016, the Massachusetts General Court’s Joint Committee on Labor & Workforce Development reviewed a re-drafted bill concerning non-compete agreements in the Commonwealth and reported it out of the Committee...more

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