This past week at Michigan’s 36th Annual Labor and Employment Law Symposium, I attended a break-out session where Peggy Mastroianni, Associate Legal Counsel for the the U.S. Equal Employment Opportunity Commission (EEOC) answered questions and discussed the final regulations to implement the ADA Amendments Act. The ADA Amendments go into effect on May 24, 2011.
Recent Michigan Court Decision Highlights Weak Link in Enforcing Non-compete Agreement
A recent Michigan Court of Appeals Opinion dealt a serious blow to the enforcement of noncompete agreements. The Opinion invalidated a common provision found in such agreements and it illustrates that courts will closely scrutinize noncompete agreements for any weak links that may limit or otherwise invalidate these agreements.
Overview of Non-compete Agreements
Employers
Americans with Disabilities Act: The Times They are (likely) a Changin’
A panel of the Sixth Circuit Court of Appeals (the federal circuit that includes Michigan, Ohio, Kentucky, and Tennessee) recently gave employers the heads up that The Times They are a Changin,‘ or at least should be, when it comes to the standard for successfully making a claim under the Americans with Disabilities
A Short Checklist to Avoid a Disgruntled Former Employee Costing Your Company $200,000
A disgruntled former Gucci employee is reported to have caused in excess of $200,000 in damages to his former employer (as reported by Computer World) and now faces criminal charges.
Specifically, the New York District Attorney’s indictment alleges that Sam Chihlung Yin fraudulently obtained IT access after he was fired. From there, the indictment
Should Preventing Work Place Violence Yield to an Employee’s Right to Bear Arms?
Employers trying to reduce workplace violence involving guns are running into opposition from gun rights activists and state legislatures as noted in the April 4-10 Bloomberg Businessweek, A Bring Your Gun to Work Movement Builds.
Such legislation essentially forces employers to make a calculated choice between bad and worse: Violate gun laws or allow employees to
The Importance of Timely Preserving Email in Employment Discrimination: Part II
Part I of this post discussed the background of a party’s obligation to preserve email information in response to an employment litigation claim and when that obligation may arise. As explained in Part I, this discussion took place in the context of an employment discrimination claim against a prominent Detroit law firm Honigman Miller Schwartz
Can an Employer Reject a Job Applicant Based on a Previous Bankruptcy?
Employers commonly ask if it is legally permissible to use a job applicant’s prior bankruptcy filing in making hiring decisions. A recent court opinion out of the Third Circuit (the federal circuit that covers Pennsylvania, Delaware, New Jersey) answers this question in favor of employers. But for employers in Michigan and outside of the
The Importance of Timely Preserving Email in Employment Discrimination: Part I
A prominent Detroit law firm, Honigman Miller Schwartz and Cohn, was recently sued by a former executive assistant after she was discharged following an on-the-job injury and related employment discrimination claims.
For any employer, dealing with such a garden variety employment discrimination claim has risks and costs. But the suit against Honigman also provides