Employment Law Articles that apply to All of the States

Can they enforce my Non-compete if they Fired Me?
Non-competition agreements hit fired employees particularly hard, especially when the employer fires the employee without warning or cause. Non-competes hits fired employees with a second whammy, a ba...
posted by Neil Klingshirn  |  Oct 4, 2014 2:10 PM [EST] in Non-competition  |  applies to All States

Help for Non-competition Problems
Non-competition agreements can block promising career paths. Even so, every state enforces them, but within limits. For help solving your non-compete problems, learn the limits. Neil Klingshirn has wr...
posted by Neil Klingshirn  |  Dec 21, 2010 2:42 PM [EST] in Non-competition  |  applies to All States

Rescinding Non-compete Agreements after the Employer's Breach
Some states will not enforce a non-compete clause if the party seeking enforcement previously breached a material provision of the contract containing the covenant not to compete. The breach must be m...
posted by Neil Klingshirn  |  Nov 4, 2010 1:47 PM [EST] in Non-competition  |  applies to All States

Enforcing Non-competition Agreements after the Sale of a Business
If an employer with non-competition agreements sells its business to a new buyer, the buyer does not necessarily acquire the old employer's/seller's rights in its non-competition agreements. The buyer...
posted by Neil Klingshirn  |  Nov 4, 2010 1:27 PM [EST] in Non-competition  |  applies to All States

Overtime Wages When Carrying and Using a Pager or Cell Phone After-hours for Your Employer
Employees are often asked to carry a pager or cell phone after regular work hours to respond to customer calls or emergencies. Sometimes, the employee is not compensated for the time spent carrying th...
posted by Robert Kapitan  |  Jun 30, 2010 5:20 PM [EST] in Overtime  |  applies to All States

Same-sex Harassment Claims
Claims of sexual harassment where the harasser and harassed are the same sex are analyzed in much the same way as different-sex harassment cases. See, generally, Sexual harassment by a co-worker . How...
posted by Robert Kapitan  |  Jun 29, 2010 7:41 PM [EST] in Harassment  |  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...
posted by Neil Klingshirn  |  Feb 7, 2010 3:15 PM [EST] in Non-competition  |  applies to All States

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...
posted by Neil Klingshirn  |  Jan 24, 2010 1:07 PM [EST] in Trial, Hearings  |  applies to All States

Proving Unlawful Employment Discrimination
Employment discrimination comes in two forms, "disparate" (i.e., differing) treatment and disparate impact. Disparate impact describes differing treatment resulting from an otherwise neutral employmen...
posted by Neil Klingshirn  |  Jan 16, 2010 08:23 AM [EST] in Discrimination  |  applies to All States

Motions to Compel and Protective Orders in Employment Litigation
The Rules of Civil Procedure ("Civil Rules") provide the parties with tools to get the facts that are in the possession of the others. If the others refuse to disclose the facts, provide documents or ...
posted by Neil Klingshirn  |  Jan 15, 2010 3:55 PM [EST] in Evidence  |  applies to All States

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