Top

Tag: employment contracts


Development & Evaluation, Engagement

Focus on Noncompetes Increases After the Great Resignation

October 3, 2022

Via: HR Hero

We’re hearing from business clients what we’re all seeing in the headlines: Employees are hard to hire and retain these days. “The Great Resignation” is a new phrase used to describe the unprecedented level of employee movement in the past […]


Research

Can Hypotheticals Render Restrictive Covenants Unenforceable?

September 22, 2022

Via: HR Hero

On July 14, 2022, the Wisconsin Court of Appeals ruled in favor of a former employee in a dispute over whether two uniquely worded restrictive covenants against him violated Wisconsin law. The case presents new considerations regarding what employers can […]


News

Don’t Wait Too Late to Arbitrate, Warns Supreme Court

August 22, 2022

Via: HR Hero

The Federal Arbitration Act (FAA) favors the enforcement of arbitration agreements, but employers can’t wait too long to compel arbitration. Courts often apply a contract “waiver” rule if employers sit on their rights too long (meaning the court finds a […]


Development & Evaluation, Engagement

4th Circuit Providing Lesson on Drafting Employee Agreements

June 7, 2022

Via: HR Hero

The U.S. 4th Circuit Court of Appeals (which covers Maryland, North Carolina, South Carolina, Virginia, and West Virginia) recently issued a published decision on an employer’s second appeal of a judgment in favor of its former employee on claims of […]


News

P&O Ferries denies claims about cuts to agency workers’ wages

April 25, 2022

Via: Personnel Today

According to reports, the National Union of Rail, Maritime and Transport Workers (RMT) was approached by seafarers on the Spirit of Britain ferry who claimed they had been asked to sign new contracts with reduced pay. In March P&O Ferries […]


News

Company Entitled to Nominal Damages for Former Employee’s NDA Breach

January 6, 2022

Via: SHRM

Asoftware developer breached a nondisclosure agreement (NDA) with his former employer by using confidential information to develop a product he sold to a third party. However, the employer did not show that it was harmed by the employee’s misuse of […]


Development & Evaluation, Employee retention

Employment Arbitration Pact Did Not Cover Race and Gender Bias Claims

December 14, 2021

Via: SHRM

A Black female attorney could not be forced to arbitrate her workplace bias claims under an arbitration provision in the employer’s long-term cash bonus plan, a California appeals court ruled. The attorney’s claims did not fall within the scope of […]


News, Research

Former Employee Not Required to Arbitrate Post-Employment Claims

March 25, 2021

Via: SHRM

An employee who had signed an arbitration agreement and was later fired was not required to arbitrate his claims that his employer told prospective employers not to hire him, a California appeals court held. The claims arose after the worker’s […]


News

Calif. Court Limits Use of Employee Nonsolicitation Agreements

November 21, 2018

Via: SHRM

It is well-established that restrictive covenants, such as noncompetes, are prohibited by statute in California. Since the decision by the California Supreme Court that partial restraints like customer nonsolicitation clauses were void under Business and Professions Code Section 16600, the […]


News

California Employer Waived Right to Compel Arbitration

September 28, 2018

Via: SHRM

An employer that participated in a former employee’s wrongful termination lawsuit in court for almost two years before seeking arbitration of the claims waived its right to compel arbitration, a California appellate court ruled. Although the employee had signed an […]


News

Obama Administration Targets Noncompetes and Wage Collusion

October 26, 2016

Via: SHRM

The White House announced on Oct. 25 certain steps that will be taken to address wage collusion and the overuse of noncompetition agreements in the workplace. The action plans are in response to an executive order President Barack Obama issued […]