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.
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.
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?
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?
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?
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?
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:
Continue reading “Five Reasons Why It is Better to Be Fired Than Quit”
In less than a month, more than a tenth of the American workforce has been forced out of their jobs due to the coronavirus pandemic. The job losses represent the single greatest increase in unemployment since the housing bubble burst in 2008, with jobless numbers expected to increase to as high as 20%. Despite some efforts by federal and state legislatures to curtail the effects, workers are feeling the job losses hard, and it’s not clear when people will be able to return to work. Continue reading “Ten Percent of American Workers File for Unemployment in Three Weeks”
A recent California law that would have made it illegal to put mandatory arbitration clauses in employment contracts has been held up by an injunction from a federal court. The new anti-arbitration law faced a great deal of controversy, as employers have made arbitration agreements an increasingly common part of their employment contracts. The injunction was issued as part of a lawsuit by employers attempting to prevent the law from coming into effect, as it would have this year. Continue reading “California Anti-Arbitration Law Held Up by Federal Injunction”
Vox reported that employees of the department store Sears were let go after the retailer announced it was shutting down its stores. Many store associates were told they would receive an eight-week severance package, but, according to the article, after two weeks, the checks stopped coming after Sears announced it was filing for bankruptcy. Meanwhile, Sears executives were allowed to collect $25 million in bonuses after the filing, according to the Chicago Business Journal.
Continue reading “Workplace Closures and Severance Pay”