Articles Posted in Pennsylvania

Does your company use no-hire agreements? Better call a lawyer. Maybe a criminal lawyer.

March 1, 2019 | by Eric B. Meyer

Image Credit: Pixabay.com (https://pixabay.com/vectors/resume-unemployed-job-unemployment-2163673/)

In most states, non-competition agreements between an employer and employee are legal, as long as there is some form of consideration (like money) to support them.

But, what about a no-hire or no-poach agreement; e.g., a ‘contract’ between two businesses where one (or both) agrees not to hire the others’ employees during their business relationship and for some time after it ends?

That must be legal too, right?

Probably not. Continue reading

The woman who worked for a sex-toy store has … wait for it … a sex-plus claim.

November 30, 2018 | by Eric B. Meyer

Image Credit: http://www.freestockphotos.biz/stockphoto/14050 (nicubunu acquired from OCAL (Website))

On most days, I blog for you, my readers, to educate you on new legal issues and to keep you ahead of the HR-compliance curve.

This is not most days.

Are you confident — “defending-a-class-action-lawsuit” confident — that you’re protecting electronic employee data?

November 26, 2018 | by Eric B. Meyer

jaydeep_ [CC0 or CC0], via Wikimedia Commons

It’s Cyber Monday. And, since you could’ve rested your deal-finding, typing fingers anywhere. I appreciate that you’re resting them with me before rejoining the masses for some holiday shopping online.

Unfortunately, if you came here looking for links to big savings, I can’t help you. But, what I can do for you on this Cyber Monday is offer your business some different cyber tips. It’s the type of information that could save you thousands, or even millions of dollars if your business stores employee data electronically. Continue reading

Every state in the Third Circuit now recognizes LGBT rights at work. Third Circuit not so much for now.

August 22, 2018 | by Eric B. Meyer

Public Domain, Link

It’s right there in the statute.

Under New Jersey and Delaware state law, you can’t discriminate against an employee based on his or her sexual orientation or gender identity.

Now, you won’t find the words “sexual orientation” or “gender identity” anywhere in the Pennsylvania Human Relations Act. But, starting this month, the Pennsylvania Human Relations Commission is treating both “sexual orientation” and “gender identity” as protected classes.

“Speak, English, Eric!”

LGBT discrimination is against the law in all three states in the tri-state area — at least according to the state agencies that administer each law. Continue reading

Which law firms would I recommend that you use to sue your employer?

August 20, 2018 | by Eric B. Meyer

I’ll wait patiently while you pick your jaws up off the floor.

I want some of what you’re having, Eric. Have you lost your freaking mind, Eric?

Nope, I’m good. Continue reading

My conversation with the lawyer who, IMHO, just earned the biggest employment law win of 2018.

July 13, 2018 | by Eric B. Meyer

By Chris Potter (Flickr: 3D Judges Gavel) [CC BY 2.0 ], via Wikimedia Commons

Yesterday, I blogged here about the most important employment law decision of 2018. It’s a case called Minarsky v. Susquehanna County (opinion here).

If you missed my post, well, it was long. 1,888 words long. So, here’s the super-condensed version: The Third Circuit Court of Appeals concluded that a plaintiff might not complain about sexual harassment at work for several years but still have a viable hostile work environment claim if she genuinely believed — and the record supported — that it would be pointless to do so. Continue reading

It’s the most important employment law decision of 2018

July 12, 2018 | by Eric B. Meyer

By Wolfmann [CC BY-SA 4.0 ], from Wikimedia Commons

Minarsky v. Susquehanna County (opinion here) is a sexual harassment case. And there’s a lot to discuss. But the biggest takeaway is that any subsequent employer-defendant asserting a Faragher/Ellerth defense in the Third Circuit will find it very difficult to obtain summary judgment on any hostile work environment claim. Continue reading

You may be able to litigate older trade secret misappropriation claims in federal court. Here’s how.

June 20, 2018 | by Eric B. Meyer

Image Credit: Pixabay.com (https://pixabay.com/en/stamp-characters-label-informant-143799/)

Until a few years ago, if an employer wanted to pursue a claim for misappropriation of trade secrets, it probably had to do so in state court under state law. The Defend Trade Secrets Act of 2016 changed all that. The DTSA is a federal law that created a private federal civil cause of action for trade secret misappropriation. So, now, if an employee takes your precious trade secrets, you can sue under federal law in federal court. And, in certain circumstances, you can collect your attorney’s fees if you prevail. The DTSA has real teeth!

But, what if you learn that an employee misappropriated your trade secrets before the DTSA took effect on May 11, 2016. Are you stuck in state court? Continue reading

Why would a judge have awarded UC benefits to a white guy fired for making racial slurs?

June 15, 2018 | by Eric B. Meyer

Image Credit: Pixabay.com (https://pixabay.com/en/eyes-surprise-wow-expression-open-312093/)

Yesterday morning, I read my friend Jon Hyman’s post on LinkedIn about a lawsuit in which a person of color alleged that various supervisors and managers:

Frequently called him the “n-word”;
Told him to “reach his black hands out” while handing him a box; and
Offered him a banana while saying, “Monkeys like bananas.”

Allegedly, a group of white employees also hung a sign in the workplace that said, “WHITE ONLY.” Continue reading

I’m gonna throw a little employment law at this Matt Patricia – Detroit Lions Sexual Assault saga

May 11, 2018 | by Eric B. Meyer

By Governor Tom Wolf from Harrisburg, PA [CC BY 2.0], via Wikimedia Commons

On February 5, 2018, the Detroit Lions named former New England Patriots Defensive Coordinator Matt Patricia as the team’s new Head Coach.

Maybe, Lions ownership missed Super Bowl LII and the 41 points that the Philadelphia Eagles dropped on Mr. Patricia’s garbage Patriots defense.

Oh, sorry.

The Philadelphia Eagles Super Bowl LII victory over the New England Patriots, which gave the Eagles one more Super Bowl win (1) than the Dallas Cowboys have total playoff wins in the last 20 years (0), is not the point of this post.

The point is that, on Wednesday, Robert Snell of the Detroit News reported (here) that Mr. Patricia was indicted for aggravated sexual assault in 1996, something missed in the Lions background check.

And the real question is… Continue reading

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