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Resignations

Noncompete clause must be very specific or it may be invalid

09/01/2007

Employers who want to preserve their competitive advantage often require employees or contractors to sign noncompete agreements. But Georgia agreements must be very specific, detailing exactly what type of employment is prohibited. If the agreement is too broad, a judge may toss it out …

Georgia law requires issuing DOL-800 forms for all separations

09/01/2007

Q. It has always been our practice to issue separation notices only when we involuntarily discharge or lay off an employee, but our new plant manager believes we have to issue them even when an employee resigns voluntarily. What’s the rule? …

Noncompete agreements must meet tough Georgia standards

08/01/2007

Georgia courts generally don’t look kindly on overly broad noncompete agreements. If your organization uses noncompetes, make sure yours can meet the state’s tough standards …

Relocating the office? Employees can sometimes quit and get unemployment

08/01/2007

Pennsylvania employees who quit their jobs when their employers move can sometimes collect unemployment compensation. The Unemployment Compensation Board of Review looks at individual situations and determines whether the move forced the employees to quit for “necessitous and compelling” reasons. Examples include a longer, more expensive commute or disruption of child care routines …

Arbitration covers claims for unpaid bonus and severance

07/01/2007

The California Court of Appeal recently ruled that binding arbitration mandated by an arbitration agreement could determine a former employee’s wage claims for an unpaid profit-sharing bonus and severance pay …

Bankruptcy can lead to dismissal of discrimination suits

07/01/2007

Today, companies commonly emerge stronger and more competitive after filing for bankruptcy. An additional, unintended benefit may have a substantial impact on the HR office …

Keeping your customers after your employees go to a competitor

07/01/2007

Noncompete agreements protect employers should an employee leave and go to work for a competitor. But what happens if there isn’t a noncompetition agreement in place? Does an employer have any remedy against a former employee? …

Immortal words of Imus end state employee’s career

07/01/2007

A 60-year-old administrator in the state treasurer’s office was urged into retirement after she called a fellow worker a “nappy-headed ho” one week after radio personality Don Imus made the phrase famous …

Resigning for newfound faith doesn’t justify unemployment compensation

06/01/2007

New York employees who quit their jobs for good cause are generally eligible for unemployment compensation payments. But does a newfound faith requiring no Sunday work justify quitting? …

Ambiguous answers may prompt retaliation charge

06/01/2007

It’s true: If you can’t say anything nice, sometimes it’s best not to say anything at all. It’s especially true if an employee has quit and filed a discrimination lawsuit …