Public Employees

Articles (59)

American Public Policy Exception to Employment at-will
In states that adopt the public policy exception to employment at will, public policy warrants an exception to the employment-at-will doctrine when an employer discharges or disciplines an employee fo... applies to All States

Wrongful Discharge - Terminations that Violate Public Policy
Technically speaking, courts do not recognize a claim for "wrongful discharge," at least by that name. Broadly speaking, any discharge that violates a law, causes great harm or is grossly unfair is "w... applies to All States

Right to Vote without Employer Interference or Threat of Discharge
Ohio's Right to Vote law states: No employer, his officer or agent, shall discharge or threaten to discharge an elector for taking a reasonable amount of time to vote on election day; or require or or... applies to Ohio

Ohio Public Policy exception to At-will Employment
In Greeley v. Miami Valley Maint. Contractors , 49 Ohio St. 3d 228 (Ohio 1990), the Ohio Supreme Court held that "[p]ublic policy warrants an exception to the employment-at-will doctrine when an emplo... applies to Ohio

Ohio Physicians and Doctor non-competition agreements
Non-competition agreements are generally disfavored in the medical profession, but they are not per se unenforceable. Ohio Urology, Inc. v. Poll (1991), 72 Ohio App.3d 446, 451; General Med., P.C. v. ... applies to Ohio

Ohio Duty of Fair Representation in the public sector
A union owes all of its members a duty of fair representation. The union cannot discriminate against an individual or group of members regarding matters for which the union represents them. This inclu... applies to Ohio

Overview of American At-will Employment
American employment law is built on the foundation of at-will employment. Before any meaningful body of employment law existed, employment in America was at-will. Based in state contract law, at-will ... applies to All States

Whistleblower Protection for Safety Complaints in Ohio
Ohio Employees can make legally protected complaints about unsafe work conditions to their employers and to the Occupational Health and Safety Administration (OSHA). OSHA specifically prohibits employ... applies to Ohio

Tired Truckers: How the Tracy Morgan Crash is a Sign of a Bigger Problem
Driving while tired can be just as dangerous as driving while intoxicated, and in an industry that pushes the limits on production, tired truck drivers are often the result. The recent tractor trailer... applies to North Carolina

Families First Coronavirus Response Act - An analysis of House Bill 6201
On March 19, 2020 the Senate passed the Families First Coronavirus Response Act to address some employment impacts of the coronavirus and COVID-19. It was a much smaller version of the Act that passed... applies to All States

At-will employment in Ohio
Unless otherwise agreed, either party to an oral employment-at-will agreement may terminate the employment relationship for any reason which is not contrary to law. Mers v. Dispatch Printing Co., 19 O... applies to Ohio

Preliminary Injunctions in Non-competition Cases
A preliminary injunction is a court order, issued at the beginning of a case, which preserves the relative position of the parties while the case is pending. It usually remains in effect until replace... applies to All States

Choice of Law in Non-compete Cases
Non-compete laws vary significantly from state to state. California law favors employees, while Ohio law recognizes and protects most employer interests. Thus, the law that a court chooses to apply to... applies to All States

Time off to Vote
Most state's laws require employers to give employees time off to vote. These laws vary among states, particularly with respect to the following: Whether the time off is paid or not; Whether the emplo... applies to All States

Posting Blog Articles
Each attorney member can post blog articles. However, only attorneys can post Blog articles. Blog articles are useful for announcing legislative alerts , Member victory announcements and discussing cu... applies to All States

Florida Whistleblower's Act Protects Employees of the Government and Companies that Contract with Florida Governments
The Florida legislature enacted the Florida whistleblower's Act, Fl. Stat. 112.3187 in 1986 to prevent state and local government agencies ("Agencies,") and the companies that contract with Agencies (... applies to Florida

Non-competition Agreements in Ohio - History and Law
History of non-competition agreements in Ohio As in other states, Ohio courts at one time viewed noncompetition agreements with some skepticism. Agreements in restraint of trade, including noncompetit... applies to Ohio

Trade Secrets Overview
A trade secret is information that is not known to the public, that its owner takes steps to keep from public knowledge and that has value because it is not known to the public. The owners of trade se... applies to All States

Arizona Non-competition Agreement Law
Historically, Arizona courts viewed covenants not to compete unlawful restraints of trade. Eventually, Arizona courts began to enforce ancillary restraints on competition, such as those incident to em... applies to Arizona

Injunctions Barring Enforcement of Invalid Non-competes
Employers who enforce non-competition agreements have long sought temporary restraining orders (TROs) and preliminary injunctions to bar employees from violating valid non-competition agreements. Cour... applies to All States

Military Employment Leave: Uniformed Services Employment and Reemployment Rights
Federal USERRA The Uniformed Services Employment and Reemployment Rights Act of 1994 (USERRA) was signed into law on October 13, 1994. USERRA clarifies and strengthens the Veterans' Reemployment Right... applies to All States

Ohio Minimum Wage with Treble Damages and Attorneys Fees
On November 7, 2006 Ohio voters passed the Ohio Constitutional Minimum Wage , which amended Ohio’s constitution to require employers to pay a minimum wage of $6.85 per hour. The amount of the minimu... applies to Ohio

Fighting Florida Non-competition agreements
Many Florida employees believe that, just because an employer forced them to sign a non compete agreement or be fired, they are not bound by the non-compete agreement. That is just not true. Continued... applies to Florida

New York Non-competition Law
New York state courts enforce post-employment non-competition agreements under certain circumstances, but their examination of restrictive covenants is rigorous. New York courts adhere to a strict app... applies to New York

Indiana Non-competition Law
Indiana courts disfavor covenants not to compete, which they view as in restraint of trade. Harvest Ins. Agency, Inc. v. Inter-Ocean Ins. Co. 492 N.E.2d 686 (Ind. 1986). Indiana courts strictly constr... applies to Indiana

Illinois Non-competition Agreement Law
Illinois courts are reluctant to enforce restrictive covenants and scrutinize them carefully. Nevertheless, Illinois courts will enforce a restrictive covenant if it is ancillary to another transactio... applies to Illinois

Physician non-competition agreements in Michigan
Michigan non-competition agreement law states that an employer may protect an employer's reasonable competitive business interests, but its protection in terms of duration, geographical scope, and the... applies to Michigan

USERRA Overview
Federal USERRA The Uniformed Services Employment and Reemployment Rights Act of 1994 (USERRA) was signed into law on October 13, 1994. USERRA clarifies and strengthens the Veterans' Reemployment Right... applies to All States

Virginia Non-competition Law
Restrictive covenants are disfavored in Virginia as restraints on trade. Virginia courts will enforce restraints in non-competes only if the restraint is: reasonable in that it is no greater than nece... applies to Virginia

Employee Benefits Overview
As a result of the employment relationship, employees are entitled to certain benefits, such as retirement and disability compensation, as a matter of law. In addition, once an employer decides to off... applies to All States

Overview of U.S. Non-competition Agreements
A non-competition agreement, also know as a covenant not to compete, is a promise by an employee not to compete with his or her employer for a specified time, in a particular place or in a particular ... applies to All States

Exempt or Nonexempt: Do You Receive Overtime Pay?
When it comes to the idea of overtime pay, most think that only the laborer, manufacturer or other "blue collar" worker is eligible to receive overtime, not the professional, executive, supervisor or ... applies to California

California Non-competition Law
At one time California courts enforced contractual restraints on competition as long as they were reasonably imposed. However, in 1872 California adopted a public policy favoring open competition and ... applies to California

Florida Law for Employer Defamation
Suppose an employer accuses its employee of theft, and fires her for that reason. Suppose the employer then tells prospective employers who call for a reference that the employee was terminated for th... applies to Florida

Tortious Interference Involving Non-Competition Agreements
In most states, a third party cannot interfere with the contractual or prospective business relationships between two other parties, absent a proper purpose. This claim is known as “tortious interfe... applies to All States

Rights of an Ohio Employee who is a Minority Shareholder
A special exception to employment at-will doctrine applies to employees who are minority shareholders of close corporations. In their case, majority shareholders cannot terminate their employment with... applies to Ohio

Arbitration of Employment Disputes
The federal arbitration act (FAA), 9 U.S.C. § 1, et seq . and Ohio’s arbitration act ORC § 2711.01 et seq. , both direct a court to stay trial of a matter that is the subject of a written arbitrat... applies to Ohio

How to Find and Select Good Employment Lawyers
Good employment lawyers are like good mechanics. They tell you what you need, suggest the best way to get it, are skilled at their craft and present you with a reasonable bill. Good employment lawyers... applies to All States

Michigan Non-competition Agreement Law
The Michigan Antitrust Reform Act generally prohibits any "contract, combination, or conspiracy between 2 or more persons in restraint of, or to monopolize, trade or commerce." Mich. Comp. Laws § 445... applies to Michigan

Enforcability of Texas Non-competition Agreements.
To be enforceable under Texas law, a non-compete must be: ancillary to or part of an otherwise enforceable agreement at the time the agreement is made; to the extent it contains limitations as to time... applies to Texas

How to Value Claims for Severance Negotiations
This article describes a process for employment lawyers to use to place a value on a severance pay offer. It involves identifying claims, identifying the damages associated with those claims, discount... applies to All States

Pennsylvania Non-competition agreements
“Non-competition” or “noncompete” agreements are one of a particular kind of contract, termed “restrictive covenants,” under Pennsylvania law. As in most states, noncompetition agreements ... applies to Pennsylvania

Cleveland Public Relations Firm Ordered to Pay a Million Dollars for Retaliation
A Cleveland jury ordered Dix & Eaton, a public relations firm, to pay over $1,000,000 for retaliating against a 59 year old executive who complained to Human Resources that her boss was setting he... applies to Ohio

City of Tulsa settles pregnancy discriminition case
The City of Tulsa has settled a pregnancy discrimination case filed by a former employee in the public works department. In 2011, the City of Tulsa hired Qamar Herd three weeks before her scheduled de... applies to Oklahoma

Don't Be Afraid, It Can Be Better Than Court
If you are in California and are being forced into private, binding arbitration do not be afraid. I have found that it is easier to win a binding arbitration than a jury trial. The atmosphere is more ... applies to California

3 Upcoming Job Discrimination Cases with Huge Implications for LGBT Rights
The Supreme Court will soon be deciding on a matter very personal to people who are part of, or allies of, the LGBT (or LGBTQIA+) community. The major issue they are expected to rule on in three upcom... applies to California

Josh Morrow Workplace Fairness Fund for Employment Litigation Court Costs.
The Josh Morrow Workplace Fairness Fund provides loans to attorneys representing employees in litigation against their employers. Loans must be repaid from any recovery but are generally forgiven if t... applies to All States

4 Reasons Why the Law Protects Whistleblowers
Before protective laws were enacted through Congress, workers couldn’t feel confident in reporting malfeasance throughout the workplace due to backlash and ostracization by superiors. Those empl... applies to All States

USERRA
Enter your article here Reemployment Rights Act (USERRA). The Uniformed Services Employment and Reemployment Rights Act of 1994 is a federal law intended to ensure that persons who serve or have serve... applies to All States

5 Awkward Sexual Harassment Situations at Work
Getting your dream job, let alone a job in general already comes equipped with jumping through hoops and competing with other eager job seekers. Just getting invited to come in for an interview is a m... applies to All States

3 Examples of Invasions of Privacy in the Workplace
Unlike other states, California has a special protection of privacy written into its constitution, which says citizens have certain inalienable rights, including “pursuing and obtaining safety, ... applies to California

4 Rights Transgender Employees Have in California
While it is often challenging for any employee navigating work life to be a member of the LGBTQ community, transgender people tend to face the most severe problems, particularly in terms of discrimina... applies to California

A History of Harassment in the Workplace
Few federal agencies are as beloved as the National Park Service (NPS). The NPS stands for many of the core values that we value as a nation. It is the place where we seek beauty and wonder and solace... applies to California

5 Awkward Sexual Harassment Situations at Work
5 Awkward Sexual Harassment Situations at Work Getting your dream job, let alone a job in general already comes equipped with jumping through hoops and competing with other eager job seekers. Just get... applies to All States

7 Famous Whistle blowers Who Sought Truth and Justice
While most whistleblower cases do not make headlines, some of them do because of the scope of wrongdoing found or the fame of the businesses or people involved. Whistleblower laws protecting people wh... applies to California

3 Examples of Invasions of Privacy in the Workplace
Unlike other states, California has a special protection of privacy written into its constitution, which says citizens have certain inalienable rights, including “pursuing and obtaining safety, ... applies to California

3 Examples of Invasions of Privacy in the Workplace
Unlike other states, California has a special protection of privacy written into its constitution, which says citizens have certain inalienable rights, including “pursuing and obtaining safety, ... applies to California

3 Examples of How “Me too” Matters in Employment Law
Since 2017, “me too” has become an increasingly familiar term (and hashtag), one used to spread awareness of sexual harassment and assault, problems that are alarmingly widespread. By some... applies to California

6 Reasons California Workers Should Celebrate
For the past few years, there have been some disappointments for workers when it comes to their rights and their protection. Fortunately, where federal law fails, California has taken strides to ensur... applies to California