Employer Law Report

Tag Archives: employment

There’s No “I” In At-Will Disclaimers: NLRB Acting General Counsel Advises on Two At-Will Disclaimers and Gives Employers a Halloween Treat

Just when employers were thinking they might have to throw out their at-will disclaimers, the National Labor Relations Board Acting General Counsel released an analysis of two at-will employment clauses (Mimi’s Café, Case Number 28-CA-0844365 and Rocha Transportation, Case No. 32-CA-086799), and in finding both lawful under the National Labor Relations Act ("NLRA"), gave employers a Halloween treat!

The first at-will disclaimer analyzed was contained in Mimi’s Café’s handbook (a company acquired by Bob Evans Farms, Inc. in 2004), that provided:

AT-WILL EMPLOYMENT
The relationship between you and Mimi’s Café is referred to as "employment at will." This means that …

New Ohio Law Should Make It Easier for Criminal Convicts to Obtain Employment

A lengthy and complicated new law enacted by the Ohio legislature and signed by Governor Kasich includes provisions that will make it easier for individuals with conviction histories to obtain employment and occupational licenses. Senate Bill 337 amends several Ohio statutes relating to collateral sanctions for criminal offenses by creating certificates of qualification for employment, reducing licensing restrictions for certain fields such as cosmetology, construction and security, and expanding courts’ authority to seal criminal records. A collateral sanction is a penalty, disability, or disadvantage that is related to employment or occupational licensing as a result of the individual’s conviction of, …

California Stands Firm in Rejecting Non-Compete

With the economy down, many well-known employers in virtually every industry across the country have increased their efforts to protect their customer relationships, market share, and confidential business information by bringing no-compete and/or trade secret misappropriation litigation against former employees and competitors. These lawsuits have included:

  • Bear Stearns suing a former executive director who joined a competitor in Massachusetts;
  • Motorola suing a former executive in Illinois who joined Apple;
  • Clear Channel suing a former vice president who joined The Tribune Co. in Illinois;
  • Wachovia suing Banc of America and three former Wachovia employees in Virginia;
  • Countrywide suing an ex-manager in
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