The Equal Employment Opportunity Commission (EEOC) was recently smacked down by the Sixth Circuit Court of Appeals in EEOC v Peoplemark, Inc. In that appeal, the Court agreed with a decision from the federal district court out of Western Michigan that awarded an employer its attorney’s fees and expert fees in defending against a discrimination claim
Jim Leyland – A Great Baseball Manager, but a Bad Example for Managing Your Company’s HR
Jim Leyland, the now former manager for the Detroit Tigers, officially announced his resignation today. Under his tenure, which lasted eight seasons, Mr. Leyland took the Tigers to two World Series and had an overall record of 700-597.
An example in “what not to do” in managing a company’s human resources.
Mr. Leyland’s tenure
Michigan Court Refuses to Expand Claim for Wrongful Termination in Violation of Public Policy
While maybe not quite as exciting as last night’s fantastic win by the Detroit Tigers, Michigan employers got a great win this week from the Michigan Court of Appeals involving a claim for wrongful termination in violation of a public policy.
Specifically, in Irwin v Ciena Health Care Management, Inc. (PDF), a nurse was employed
Sexual Orientation Discrimination and Michigan Law – Is it a Time for a Change?
Sexual orientation discrimination can be described as being treated differently or harassed because of a person’s actual or perceived sexual orientation, which includes gay, lesbian, bisexual, or heterosexual orientation.
Unlike federal laws that protect people from workplace discrimination on the basis of race, national origin, religion, sex, age, and disability, there is no federal law that
The U.S. Government Shutdown’s Impact on Employers and Employees
I felt like I was watching a New Year’s Eve special last night with all the countdowns to midnight. Unfortunately (or fortunately) there was no Ryan Secrest,no ball dropping, and no confetti. Instead, the count down was for when the government would “officially” shutdown.
Regardless of who you believe should be blamed (I’ll start with
The Challenge of Balancing Noncompete Agreements with Business Growth
In a previous post (Noncompete Agreements – A Hurdle to Employment and Innovation?), we discussed research that suggested noncompete agreements hinder innovation.
Expanding on why innovation is hindered, in any context in which a noncompete agreement is entered into e.g., an employment relationship, a founder whose start-up is being acquired, or an owner selling his
Noncompete Agreements – A Hurdle to Employment and Innovation?
Noncompete agreements and other restrictive covenants are customarily found in employment agreements and provided for in the sale of a business.
In the employment context, companies simply do not want a former employee to take its business and set up shop or to go work for a competitor. In connection with the sale of a
Employment Agreement Shortening Time for Bringing FLSA and Equal Pay Act Claims Invalidated by Court
On August 6, 2013, the Sixth Circuit Court of Appeals (the federal jurisdiction that includes Michigan) ruled that provisions in employment agreements that shorten the statute of limitations period in which employees are permitted to file claims under the Fair Labor Standards Act (FLSA) and Equal Pay Act (EPA) are invalid.
Specifically, in Boaz v
Enforcing Noncompete Agreements: How to Avoid Wasting A+ Resources on the C- Employee
Noncompete agreements have become a staple of the employment relationship. These agreements are intended to give employers the ability to protect their business against unreasonable and unfair competition. Such competition usually takes the form of a former employee directly competing against the employer either by starting a similar business or jumping ship for competitor.
FiveTips for Conducting Lawful Employment Background Checks
It’s gettin’ so a businessman can’t expect no return from a fixed fight. Now, if you can’t trust a fix, what can you trust? For a good return, you gotta go bettin’ on chance – and then you’re back with anarchy, right back in the jungle.
Johnny Caspar, played by Jon Polito, Miller’s Crossing