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Firing fast in certain situations can help defeat retaliation claims. Yes, firing FAST!

The common logic is that firing an employee shortly after complaining about workplace discrimination isn’t a good look. Continue reading

The common logic is that firing an employee shortly after complaining about workplace discrimination isn’t a good look. Continue reading

Do you remember that scene from Rounders, right after Mike McDermott spots Teddy KGB’s poker “tell,” when Teddy laments, “Hanging around…hanging around… kid’s got alligator blood. Can’t get rid of him.“?
It feels that way, with the Federal Trade Commission’s non-compete Rule imposing a comprehensive ban on new non-competes with all workers. Continue reading

With most eyes focused on a pending lawsuit in the United States District Court for the Eastern District of Pennsylvania to eliminate the FTC’s noncompete ban, local employers may have missed the news last week that Governor Shapiro signed into law a measure restricting the use of non-competition agreements in the healthcare industry.

No.
At least not unless they drive a DeLorean powered by 1.21 gigawatts of electricity that can travel back through time to convert their retroactive request to a prospective one. Continue reading

Yesterday, we addressed the risks of not letting HR do its job by investigating sexual harassment complaints. Today, we’ll discuss a recent decision underscoring the importance of thoroughly investigating employee complaints.

Yesterday, the U.S. Equal Employment Opportunity Commission announced that a Pennsylvania-based construction company will pay $50,000 and furnish other relief to settle a retaliation lawsuit.

Recently, a federal judge concluded that an employer accused of contacting a healthcare provider to confirm its suspicions that one of its employees had submitted a false medical certification interfered with the employee’s rights under the Family Medical Leave Act. Continue reading

Yesterday, we discussed unconscious bias training in the workplace. Today, we’ll talk about an employer that may need some if the allegations in a recently filed complaint against it are true. Continue reading

A company fired an employee who objected to completing mandatory unconscious bias training. He claimed retaliation, but an appellate court disagreed and dismissed his lawsuit.
I’ll explain why.

I’m a geek—I admit it. I get docket alerts whenever something happens in the FTC noncompete lawsuit pending in Texas, like last week when the judge blocked the Federal Trade Commission’s comprehensive ban on noncompetes—but only for the plaintiffs in the lawsuit. For now, your business must comply with the FTC’s Noncompete Rule.
Yesterday, however, I received another alert that the plaintiffs had asked the court to reconsider its earlier ruling and extend the ban nationwide. Continue reading