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Terminations

What’s the quid pro quo on noncompete agreements?

10/24/2008

Q. We want current employees to sign noncompete agreements. If we do not offer an employee something of value in exchange for signing the agreement, is it against the law to terminate the employee? If we offer something of value, and the employee refuses to sign, can we terminate the employee? …

If we have to lay off employees, is severance pay mandatory?

10/24/2008

Q. Our company is about to have a layoff. Are we required to pay severance to the employees we lay off? …

Must we recall laid-off employees if the economy turns around and conditions improve?

10/24/2008

Q. If we lay off an employee, are we required to recall the employee at a later time if we have work? …

Self-administered benefits plan? Make sure your records are impeccable

10/24/2008

Companies that self-administer their ERISA benefits plans, take note: Because your benefits decisions carry an implied conflict of interest (since rejecting a request for benefits such as retirement or payment of a medical bill means spending fewer company assets), courts expect your decisions to be transparent and based on good documentation.

Civil rights groups call for sheriff’s resignation over remarks

10/24/2008

Two dozen civil rights groups signed a letter calling for the resignation of Johnston County Sheriff Steve Bizzell, following an article in the Raleigh News & Observer in which Bizzell lamented the influx of “drunk Mexicans” who “rape, rob and murder” American citizens and are “breeding like rabbits” in his county.

Layoffs: The right way to prepare and execute

10/23/2008

The U.S. economy was already on the brink last month when the Wall Street-fueled financial crisis came and pushed it over the edge. Organizations nationwide are being forced to slash costs, which often means cutting payrolls. Too often, however, employers make tactical errors during layoffs. Here are six key steps to help keep layoffs as legally painless as possible:

How can I make sure proprietary information doesn’t leave when employees do?

10/22/2008

Q. As an employer, what can I do to avoid unauthorized disclosure of sensitive company information when an employee departs?

PERA doesn’t permit private harassment suits

10/22/2008

Recently, attorneys have been trying out a different tactic when employees have waited too long to file sexual harassment and other discrimination claims under either the federal Title VII or the Pennsylvania Human Rights Act.  They’ve tried suing the employer under the Pennsylvania Equal Rights Amendment. Now the Pennsylvania Superior Court has nixed that avenue …

If FMLA is issue, log time of firing decision

10/22/2008

Employers that can show they had decided to terminate an employee before they knew he needed FMLA leave aren’t liable for interfering with that leave. But don’t think you won’t be challenged on your timing. That’s why you must make sure you can prove exactly when you made the decision …

OK to fire employee who lies about FMLA absence

10/22/2008

Employees sometimes don’t want to give their employers personal details about an illness or a condition that may be covered by the FMLA. But if you find out they lied about the nature of their health problems, you can fire them for violating your honesty policy.