The wage-and-hour pendulum has once again shifted in the Commonwealth of Pennsylvania.
Nerdiest. Pendulum. Ever.
A lawyer claimed that his employer had discriminated against him based on his race, color, gender, and age, when it terminated his employment and filled a position nearly identical to that which he held prior to his termination with a younger, African-American woman. So he sued.
Oh, I forgot one important fact. By the time he sued, the lawyer-plaintiff had already signed a severance agreement and release (the “Release”). Continue reading
I’ve talked a fair amount recently about retaliation claims (here and here), mostly focusing on timing as the possible link between a protected activity (such as a complaint of discrimination) and an adverse employment action (like a firing).
The plaintiffs in those cases were unsuccessful in proving retaliation. And, in the case about which I’m blogging today, the employer almost prevailed on summary judgment too.
Almost. Continue reading
Company A and Company B work together from time to time on certain projects. Both companies have invested a lot of time, money, and other resources into their respective workforces and do not want to risk employees switching companies. So, they enter into a no-hire or no-poach agreement; e.g., a ‘contract’ between two businesses where they agree not to hire the others’ employees during their business relationship and for some time after it ends.
Is that legal? Continue reading