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Employment Law

What’s considered proper ‘consideration’ to make a valid noncompete agreement?

06/26/2009

Q. I understand that consideration is required for noncompete restrictions in North Carolina and that—for existing employees—continued employment is not valid consideration. How much must a company pay to have sufficient consideration?

How can we help prevent co-worker harassment from escalating into violence?

06/26/2009

Q. One of our employees is being harassed by a co-worker, and we are concerned it may get violent. What can we do about this?

If we fire a lazy employee, will she be eligible to collect unemployment benefits?

06/26/2009

Q. We have an employee who does not work very hard, and her productivity is only mediocre. If we terminate her, will she be able to collect unemployment compensation?

OK to punish complainer if you find wrongdoing

06/26/2009

Workplace investigations sometimes open a can of worms. What if, for example, you find out that an employee complaining about sexual harassment had engaged in wrongdoing, too? Even if the wrongdoing is related to the underlying sexual harassment complaint, you can and should punish the employee for that.

EEOC seeks broad subpoenas? Ask to have them limited

06/26/2009

If the EEOC thinks a complaint it receives may have national implications and wants more information, it has the power to expand its investigation. The agency can seek subpoenas to demand a long list of records from your company as it seeks to develop a broader, perhaps national case against you. The good news is that federal courts generally will scale down the request if you ask.

Watch your mouth: Obscure terms could trigger lawsuit

06/26/2009

Occasionally, an employee correctly uses an obscure word that someone else mistakes for an offensive one. When that happens, suggest using another term even if the term they are using is technically appropriate.

Faced with explaining itself to a jury, hospital settles

06/26/2009

According to the EEOC, Pittsburgh-based Lifecare Hospital showed a remarkable lack of compassion when it fired business manager Diana Altieri-Hand, who had cancer at the time. Saner heads prevailed once hospital officials contemplated the prospect of a hospital justifying to a jury why it mistreated a cancer patient.

General Assembly weighs anti-gay discrimination law

06/26/2009

Are Pennsylvania employers ready for yet another category of protected employees? Another bill has been introduced in the General Assembly that would protect all Pennsylvanians from employment discrimination based on sexual orientation or gender identity or expression.

Meenan Oil settles age discrimination lawsuit

06/26/2009

Tullytown-based Meenan Oil has settled an age discrimination suit filed by 72-year-old Louis Ceccoli, who was fired and then replaced by a substantially younger worker. Ceccoli built his case on derogatory comments his sales manager made about older workers.

Monitoring the virtual water cooler: Facebook and beyond

06/26/2009

Odds are that many forms of social media, such as Facebook and Twitter, are already thriving in your workplace. As an employer, it’s best to make a conscious decision about how to address social media issues with your employees. Proactively develop a policy so you don’t get stuck doing damage control—perhaps becoming the latest talk heard ’round the virtual water cooler.