A federal district court in Texas has set aside a recently passed rule issued by the Federal Trade Commission (FTC) which made it illegal for employers to make employees sign non-compete agreements. These agreements were prohibited to make it easier for employees to obtain alternative work or start their own businesses. As a result of this ruling, the FTC’s rule cannot be enforced, but it will remain on the books until the case is fully litigated.
Category: Post-Termination Issues
Post-Termination Issues Issues explained by New York Employment Lawyer Steven Mitchell Sack
NY Governor Vetoes Ban on Non-Compete Agreements
Governor Kathy Hochul of New York has vetoed a law that would have banned non-compete agreements throughout the state. If it had passed, the law would have had a substantial impact on labor law, and affected employees across potentially every industry with these sorts of agreements in their employment contract. However, because of the veto, non-compete agreements will remain in place, at least for now.
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Ten Steps To Getting Fired on Your Own Terms
If you believe you may be fired at work, or have received notice that your employment is being terminated, that is not necessarily the end of things. As Steven Sack, the Employees’ Lawyer, likes to say, “Every firing is negotiable,” and that is as true for you as it is for anyone else. Here are ten steps you should take to make sure you are fired on your own terms:
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Speak Out Act Set to Invalidate Nondisclosure Clauses in Employment Contracts
A new law, known as the Speak Out Act, will make it illegal for employers to put nondisclosure clauses or non-disparagement clauses in employment contracts. This will make it far harder for employers to silence employees who try to blow the whistle on labor or employment law violations. It will also limit the ability of employers to silence employees who are the victims of discrimination or harassment on the job.
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FTC Proposes Ban on Non-Compete Clauses for Employment Contracts
The Federal Trade Commission (FTC) has recently announced that it is considering a ban on non-compete clauses for employment contracts across the country. The rule, if accepted, would make it illegal for employers to require employees to sign non-compete agreements as part of their terms of employment. The rule is meant to help many employees who often struggle to find work as a result of these restrictive agreements.
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5 Steps To Take To Win An Unemployment Claim
If you have been recently fired from a job and filed an unemployment claim, you may think that you at least have the silver lining of not needing to deal with your previous place of employment anymore. Unfortunately, your former employer can choose to contest your unemployment claim, denying you access to benefits. But what can you do if your employer chooses to contest your unemployment claim?
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What is a Non-Disclosure Agreement (NDA) in Employment Law?
Non-disclosure agreements, also known as NDAs, are a commonly seen tool in many aspects of business law, but one of the places they are most often seen is in employment contracts. There, they are used to protect the interests of employers, as well as their clients or customers, but can also be used to silence employees complaining about poor working conditions. But what exactly is an NDA, and how are they used in an employment context?
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What Happens If You Get Fired For Labor Organizing?
Labor organizing is an important, legally protected practice that is critical for helping workers to enforce their rights. Unfortunately, employers are often loath to allow employees to freely organize, and may take extreme (and potentially illegal) steps to prevent employees from unionizing. But what should you do if you get fired for organizing a labor union at your workplace?
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How Employers Use Defamation Against Former Employees
When most people think of defamation, they think of celebrities and politicians suing people for publishing embarrassing information about them. However, defamation can also involve people who are not public figures, and in many ways, it can be even more damaging. So what is defamation, and how do employers use it to hurt former employees when they look for other work?
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Five Reasons Why It is Better to Be Fired Than Quit
In his new book Fired!: Protect Your Rights & Fight Back if You‘re Terminated, Laid Off, Downsized, Restructured, Forced to Resign or Quit, New York City attorney Steven Mitchell Sack offers some important advice if you are considering resigning from a job. “Never quit; make the company fire you,” says Sack. This is because you may put yourself in a much worse position,legally speaking, if you voluntarily resign instead of being fired. Here are five reasons why it may be better to be terminated by your employer rather than quit:
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