The Sixth Circuit Court of Appeals has ruled that some “no-fault” attendance policies may violate the Family and Medical Leave Act (FMLA), depending on how they treat time taken off under the FMLA. While no-fault policies are seen in many places as preferable to divided sick and vacation days, their implementation may actually discourage people to take off time they’re legally entitled to. When that happens, an employer may be held liable. Continue reading “Sixth Circuit Rules Some No-Fault Attendance Policies May Violate FMLA”
Recently, a New York State Court of Appeals restored a gender discrimination case against a wellness clinic. Both defendants were co-owners of the establishment and were husband and wife. The husband had hired the plaintiff in the case as a massage therapist and yoga instructor. The husband acted as the plaintiff’s supervisor and had a professional relationship during her tenure. However, he told Plaintiff that his wife was jealous because she was “too cute.”
Restrictive covenants are provisions in employment agreements that prohibit a person from working for a competitor after leaving his or her employer. The effect of such clauses varies greatly. In addition from limiting a former employee’s job opportunities, a restrictive covenant allows an employer to restrict the former employee from starting a business or forming a venture with others that competes against the former employer; contacting or soliciting former or current customers or employees of the former employer; and using confidential knowledge, trade secrets and other privileged information learned while working for the former employer. Many employers also place time and geographical restrictions in these covenants.
Many circumstances can result in the termination of employment. A firing is often a traumatic and destabilizing event. While these unfortunate occurrences may seem untimely, unfair, and unsubstantiated; the termination may not always qualify as “wrongful.”
What is Wrongful Termination?