I was reading a blog post from Jennifer L. Gokenbach at the Colorado Employer’s Law Blog, discussing how, as of yesterday, Colorado deems continuation of at-will employment to be sufficient consideration to support a non-competition agreement. In non-lawyer speak, that means that if an employee signs an agreement not-to-compete in Colorado…
Last week, I reported that a Pennsylvania state court had ruled that a plaintiff did not have to provide access to her Facebook page during discovery by accepting a “friend” request from defense counsel. That same week, another Pennsylvania state court was asked to resolve whether a plaintiff’s “privacy rights” would…
Can a company create and enforce a policy that requires employees on paid sick leave to remain close to their homes, unless they obtain the company’s permission? Would that policy infringe on an employee’s FMLA rights? Good questions. The answers are after the jump. * * * Employees abuse FMLA?…
If, in a pending civil action, the defendant requests to Facebook “friend” the plaintiff in order to learn more about the plaintiff’s claims, must the plaintiff accept the friend request? This is precisely the issue that a PA Court of Common Pleas recently faced. So, what happened? Find out after…
Earlier this month, a Pennsylvania federal court held that plaintiffs in a contractual-dispute matter must reimburse the defendants, who prevailed on summary judgment, for all costs that the defendants incurred in the production of e-discovery. Now that’s a hammer! More on this decision and how it might apply in an…
If you guessed 15 minutes, you would be right, according to a recent decision from the Third Circuit Court of Appeals. And you don’t need to point a gun at the employee’s head? A rusty fork in the doo-dads “knowing and intelligent” waiver based on a “totality of the circumstances”…
If you read this blog (or just about any other labor and employment law blog), you know that social media policies have fallen under recent heightened scrutiny because of the chilling effect they could have on employees discussing terms and conditions of employment (e.g., wages, hours, etc.) with each other…
Hey all! As I promised last night on Twitter, I’ve got nothing left in the tank for this blog post after watching my beloved Bruins defeat the hated Habs in overtime of Game 7 last night. So, I’ll keep this short and sweet. After the jump, I answer a question…
I can’t make this stuff up if I tried. The Associated Press reports that the Pennsylvania Human Relations Commissions has ordered a local employer to pay $38,700 in back pay and interest to a female employee it fired for fighting at a cheese-making plant. According to the report, Rosalind Brown…
In an unpublished opinion, the Third Circuit Court of Appeals denied a Pennsylvania company’s attempt to enjoin a former employee, who had entered into several restrictive covenants with the company, to compete directly against the company and solicit its customers. What did this employer do wrong and how can you…