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Reasonableness Factors Hiring & Firing

McManis Faulkner

The Blunt Truth About Testing Employees For Marijuana in California

McManis Faulkner on

Despite the legalization of recreational and medicinal marijuana in California, employers maintain the right to enforce a drug-free work environment.  In many respects, cannabis is now treated like alcohol; although...more

Proskauer - Whistleblower Defense

Second Circuit Affirms the Dismissal of a SOX Claim for Failing to Meet the “Reasonable Belief” Standard

On June 1, 2017, the Second Circuit affirmed the dismissal of a Sarbanes-Oxley Act (“SOX”) whistleblower retaliation claim brought by a former Metropolitan Life Insurance Co. (“Company”) employee because the employee lacked a...more

Proskauer - Whistleblower Defense

The Northern District of New York Applies the “Reasonable Belief” Standard

On May 11, 2017, the Northern District of New York applied the Second Circuit’s standard for evaluating a Dodd-Frank retaliation claim in response to a motion to dismiss under F.R.C.P. Rule 12(b)(6). The court denied the...more

Littler

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

Littler on

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

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