I read a very informative article from the American Conservative titled “The Deciders” by John Hay. The main thrust of the article is that Iraq policy after Saddam Hussein was ousted from leadership is more reflective of decisions made by President George W. Bush’s subordinates than the President himself. Without getting bogged down
Employers Cannot Afford to Ignore Even a Single Incident of Workplace Discrimination
A decision issued on October 22, 2015, denying an employer’s motion to dismiss a retaliatory discharge claim brought under Title VII of the 1964 Civil Rights Act and state anti-discrimination laws offers two important lessons for employers:
- It is never a good idea to use Hitler, Nazis, or swastikas in your mandatory company seminars; and
Employer Violated Employee Rights Over Facebook Firing
An employer illegally fired two employees for criticizing the company on Facebook. This decision comes from the U.S. Court of Appeals for the Second Circuit, which affirmed a National Labor Relations Board decision (NLRB). Three D, LLC v NLRB (10-21-2015). This decision also highlights the need to meaningfully evaluate conduct giving rise to employee
Focusing on Legitimate Business Interests Still Key to Enforcing Non-compete Agreements
Earlier this week I had the opportunity to take in an oral argument on a motion to dismiss filed in a non-compete lawsuit filed in Wayne County Circuit Court’s business court (yes, this is what I do in my free time and yes I’m a nerd when it comes noncompete law). The argument was heard
Language Counts when it Comes to Enforcing Non-compete Agreements
Companies commonly rely on non-compete restrictions to protect their competitive business interests. But if such post-employment restrictions are not properly drafted, those agreements may not be enforceable if challenged in court.
Overview of Non-compete Restrictions
Briefly, non-competition restrictions prohibit an employee from going to work for a competitor of a former employer. Such post-employment restrictions
Employee Fired for Facebook Postings Latest Example for Why Companies Need a Social Media Policy and Plan
Employee social media issues recently made headlines in the most deplorable way when an employee was fired on September 29, 2015, after he posted a picture of himself online with a colleague’s 3-year-old black son. The picture taken by Gerod Roth, the former employee, resulted (for reasons unknown) numerous bigoted and racists comments from the
Whistleblower Protection – It Takes More than Just Blowing a Whistle
A decision released on 10/1/2015 from the Department of Labor’s administrative review board (the “Board”) highlighted employment law issues arising at the intersection of whistleblowing, retaliation, and reasonable accommodation involving telecommunication. (Stewart v. Lockheed Martin Aeronautics Co., released 10/1/15). In the decision, the Board affirmed an administrative law judge’s ruling against Lockheed’s former
Does Your Company’s Employment Agreements Limit Employment Claims?
Employers often overlook the opportunity to limit liability against their business when it comes to employment agreements. And one of the most common ways in which a business can limit its liability is through a contractual limitations period. A recent Michigan Court of Appeals highlights this point.
Specifically, a shortened limitation period in an employer’s
Michigan Court of Appeals Rejects “Cat’s Paw” Theory in Employment Discrimination
Recently an employer, Pepsico Pepsi Beverages Company, won a summary disposition in an age discrimination claim filed under Michigan law. (Damghani v Pepsico, 9/10/2015) But the real significance of this case has to do with the court rejecting the application of a common employment discrimination theory often referred to as the “cat’s paw
Reversal of Jury Verdict in Religious Discrimination Lawsuit – Divine Intervention or Judicial Mistake?
A nursing home activities aide who was fired for refusing to pray the Rosary with a resident failed to prove job bias because she didn’t present sufficient evidence that her employer, Woodland Village Nursing Center Inc., knew before it decided to discharge her that plaintiff’s refusal to pray the rosary was based on her religious