I’ve litigated many battles between companies over trade secrets and non-competition and non-solicitation agreements. The tie that binds them all is that these cases are expensive to prosecute and defend. When these cases advance to court, most are about one thing: getting an injunction to stop a former employee from…
Last night, I read this federal court opinion where a defendant, sued after firing a plaintiff who used CBD for her disability, got the entire case dismissed. So, let’s talk about how and why. According to the plaintiff’s complaint, she had a disability for which she used an over-the-counter CBD…
“Oh, word?” — none of you, hopefully. The Family and Medical Leave Act states that an eligible employee “shall be entitled to a total of twelve workweeks of leave during any twelve-month period” for several qualifying reasons. When I look up the word “shall” in the dictionary, it says, “used…
Some of you require your employees to sign agreements requiring them to arbitrate employment claims — other than claims of sexual harassment or abuse, of course. But what happens if your employees later sign another agreement — a severance agreement, for example — that doesn’t contain an arbitration provision? One…
CommunistSquared, CC0, via Wikimedia Commons Greetings from Seattle. Before I begin my day of **checks notes** culture and refinement, I figured I’d blog first about this recent opinion from a federal court in Pennsylvania. It involves an individual — let’s just call him “Plaintiff” — who claimed that his former…
medical form by Linseed Studio from the Noun Project I think we all need a break from the COVID-19 vaccination posts. So, let’s address your second-favorite HR topic: FMLA leave administration!!! Hey, put down that bottle! It’s only 8 am. I’ve got a not-so-hypothetical for you. Let’s say that you…
Image by mohamed Hassan from Pixabay Yesterday, my friend Jon Hyman blogged about fetal stem cells and vaccine-mandate religious exemptions. TL;DR. Any employee that refused the Pfizer or Moderna COVID-19 vaccines because they contain aborted fetal cells is full of 💩. They don’t. Consequently, any religious exemption request that an…
Image by Viktor Ivanchenko from Pixabay Like many of you, news of the untimely death of Michael K. Williams shook me. RIP. I thought more about Mr. Williams yesterday as I read two reports and recommendations from a Discovery Special Master assigned to a COVID-19 face mask case. Specifically, I…
Image by S K from Pixabay Technically, Pennsylvania is a Commonwealth. But that’s not really the point of this post. So, I’ll digress. I tend to overuse the phrase “your mileage may vary” on this blog. Often, I use it when comparing the laws of different states. But, I also…
Image Credit: MaxPixel.net A white employee complains in writing that a colleague called his biracial grand-niece a “monkey” and texted him racially offensive comments about his coworkers. Within months, the employer fired the complainant. Is this retaliation? A federal court in Pennsylvania said no. It reasoned that while Title VII…