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Resignations

New tool when employees defect to competition: bonus forfeiture

06/14/2010
Employers looking to discourage their employees from going to work for a competitor, take note! As a general matter, courts aren’t in favor of noncompete agreements. Nevertheless, Illinois employers may now have a new weapon to keep employees from taking your secrets when they leave.

State wrongful discharge suit fails without actual firing

05/17/2010

Under many federal employment laws, employees don’t have to be fired to sue for wrongful termination. Instead, they can claim constructive discharge, alleging they had no choice but to quit. But that argument won’t fly for employees who try to sue their Illinois employers for common-law wrongful termination.

Don’t marginalize harassing behavior–you could trigger constructive discharge suit

04/28/2010

If you haven’t already done so, now is a good time to remind everyone in HR to avoid playing down or dismissing the impact of supervisor harassment on employees. It may be tempting to tell a complaining employee that she’s making a mountain out of a molehill. But understand that telling an employee she should get over it and return to work may prompt her to quit—and then sue you.

When former employees poach more of your all-stars, fight back in court

04/19/2010
There’s hope for employers victimized by competitors who attempt to poach corporate all-stars. If some other organization tries to unethically steal your best employees, you may have a remedy—even if you haven’t made employees sign noncompete agreements (which aren’t usually enforceable in California anyway).

‘Hey, I thought Mike was going to retire last year’

04/16/2010
Be cautious about asking employees about their retirement plans. Employees who are fired soon after disclosing their retirement thoughts have brought successful age bias claims in court.

Include an extension clause in your noncompete agreements

04/15/2010
In the wake of a recent Illinois court decision in Citadel Investment Group, LLC v. Teza Technologies LLC, employers should rethink their noncompete agreements. Without fine tuning, these contracts may not work as well as they could.

Beaumont Autoplex worker files race discrimination suit

04/15/2010
A former employee is suing Mike Smith Autoplex and Group 1 Automotive, claiming he was forced to resign from the Beaumont car dealer because of his race.

AK Steel sues former employees for stealing trade secrets

04/05/2010
West Chester-based AK Steel has filed suit against three former employees in Butler County Court, alleging that they stole company secrets when they went to work for a competitor.

When unemployment comp is on the line, job dissatisfaction doesn’t justify quitting

03/26/2010

Employees who are forced to work in an unsafe or unhealthy environment may be able to collect unemployment benefits. But some employees seem to think that any work-related problems can justify quitting and then getting unemployment. That’s simply not true.

If no job loss, no damages for whistle-blower

03/26/2010
The New Jersey Superior Court has reversed a large jury award previously won by a whistle-blower because the employer never fired the employee or forced him to quit.