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Employment Law

Can we enforce noncompetes against staff we’ve laid off?

05/01/2008
Q. Due to the competitive nature of our business, our sales force signs restrictive covenant agreements that prohibit them from working for a competitor for a six- month period. We are about to lay off some of these employees for lack of business. Is the covenant enforceable? …

Tell supervisors: No pregnancy comments allowed

05/01/2008
It seems simple enough: No one should make cracks or comments about an employee’s pregnancy. Still, supervisors and managers often say things they shouldn’t, which can come together to form the basis for a Pregnancy Discrimination Act lawsuit …

Keep selection process objective to ensure bias-Free hiring

05/01/2008
Human factors sometimes cloud the judgment of hiring managers—and could end up costing an organization if it finds itself on the losing end of a failure-to-hire lawsuit. That’s why it’s crucial to institute checks that prevent a hiring committee or manager from imposing subjective criteria on applicants …

Ignoring your military pay policy may be costly

05/01/2008
If, like many employers, you honor military service with special pay arrangements for those who serve their country, take note: If you don’t follow your own handbook, you may find a court ready to punish you with big damages …

Diverse workplace can raise reverse-Discrimination risk

05/01/2008
Not many employers discriminate against members of the majority, but that doesn’t mean it never happens. In fact, white employees do file reverse-discrimination lawsuits, claiming they have been singled out for poor treatment or harassment due to their race. Ironically, a work force that is more diverse may be at greater risk for such lawsuits …

In discrimination cases, don’t bet on Round 1 knockout

05/01/2008
Discrimination cases typically have two stages. First, the employee must show that he is a member of a protected class, was qualified for the job he held, suffered an adverse employment action and a similarly situated person not in the same protected class was treated more favorably. Some federal trial judges recently construed the “similarly situated” standard very restrictively …

Noncompete must be reasonable and necessary to protect legitimate interests

05/01/2008
Many Ohio employers have employees sign noncompete agreements. But before you rush out to have everyone sign, understand that such agreements have important limits. One is that if you sue a former employee, you will have to show that the contract restrictions are reasonable and necessary …

OSU-Mansfield librarian sues over religious persecution

05/01/2008
Scott Savage, a former Ohio State University-Mansfield reference librarian, is suing the university over discrimination he says he suffered because of his Christian beliefs …

Gov. Strickland ends flextime for state employees

05/01/2008
Gov. Ted Strickland has put an end to flexible work hours for thousands of state employees, citing the need to provide full staffing during the traditional business hours of 8 a.m. to 5 p.m., Monday through Friday …

AAM strike rocks GM operations across North America

05/01/2008
A strike by workers at five American Axle & Manufacturing Holdings (AAM) plants in Michigan and New York led to temporary closures at more than a dozen General Motors plants in February and March. GM’s Moraine Assembly facility, south of Dayton, ran out of parts mid-shift within a week. GM laid off more than 1,800 workers at the plant …