All Employment Law Articles
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
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...
posted by Neil Klingshirn | Feb 17, 2010 10:08 AM [EST] in Non-competition | applies to Virginia
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
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...
posted by Neil Klingshirn | Jan 22, 2010 4:31 PM [EST] in Non-competition | applies to Michigan
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...
posted by Neil Klingshirn | Jan 22, 2010 4:08 PM [EST] in Non-competition | applies to Michigan
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...
posted by Neil Klingshirn | Jan 22, 2010 1:04 PM [EST] in Non-competition | applies to Indiana
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
Requests for Admissions in Employment Litigation
Each case turns on its own facts. However, employment litigants rarely have all of the facts that they need to prove their claims. Instead, they must usually obtain documents and testimony from the em...
posted by Neil Klingshirn | Jan 15, 2010 3:40 PM [EST] in Evidence | applies to All States
Depositions in Employment Litigation
Each case turns on its own facts. However, employment litigants rarely have all of the facts that they need to prove their claims. Instead, they must usually obtain documents and testimony from the em...
posted by Neil Klingshirn | Jan 15, 2010 3:16 PM [EST] in Evidence | applies to All States
Interrogatories in Employment Litigation
Each case turns on its own facts. However, employment litigants rarely have all of the facts that they need to prove their claims in their possession. Instead, they must usually obtain documents and t...
posted by Neil Klingshirn | Jan 15, 2010 2:56 PM [EST] in Evidence | applies to All States
Discovery Plans for Employment Litigation
A court’s Rules of Civil Procedure (its “Civil Rules”) empower the parties to gather evidence, including that in the control of opposing parties and reluctant witnesses. The Civil Rules do this ...
posted by Neil Klingshirn | Jan 15, 2010 1:26 PM [EST] in Evidence | applies to All States
Document Requests in Employment Litigation
Each case turns on its own facts. However, the parties rarely have in their possession all of the facts in a case. Instead, they must usually obtain documents and testimony from the opposing party and...
posted by Neil Klingshirn | Jan 15, 2010 10:34 AM [EST] in Evidence | applies to All States
Evidence in Discrimination Cases
Discrimination cases turn on the employer's motive for taking an employment action, like failing to hire or firing an employee. The employee must prove that the employer's bias against people in the e...
posted by Neil Klingshirn | Jan 11, 2010 1:08 PM [EST] in Evidence | applies to All States
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 ...
posted by Neil Klingshirn | Jan 2, 2010 4:28 PM [EST] in Non-competition | applies to California
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...
posted by Neil Klingshirn | Jan 1, 2010 2:17 PM [EST] in Non-competition | applies to Arizona