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Articles posted by Hans Murphy

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24 Oct Dawn of a New ICE Age: Are You Ready for Immigration & Customs Enforcement?

Employment Lessons | Hans Murphy

  Last week, in a speech at the conservative think tank, The Heritage Foundation, the Acting Director of Immigration and Customs Enforcement announced that his agency is aggressively stepping up worksite enforcement on two major fronts. His announcement raises the question: is your company ready?   ICE Acting Director Tom Homan told attendees that the Homeland Security Investigations agency will increase – by four to five times – the worksite enforcement actions in the coming year. Quintupling the number of worksite enforcement actions certainly sounds…

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12 Sep California Dreaming: Court Upholds Restrictions in Employment Agreement, Bars Use of Confidential Information

Noncompetes and Trade Secrets | Hans Murphy

  As most multi-state employers already know, California is inimical to employer-employee non-compete agreements; indeed, the state even has a statute saying as much. Consequently, many employers tend to surrender before imposing any restrictions on departing workers in California. But, there’s hope. A recent decision from the U.S. District Court for the Northern District of California (Fidelity Brokerage Services, LLC v. Brett Rocine, Case No. 17-cv-4993-PJH) provides some solace for businesses trying to fend off competition from faithless employees in the Golden State.   The…

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25 Aug Get a Room! Rethink Conducting Employee Reviews Over Lunch

Employment Lessons | Hans Murphy

  The other day while visiting my dentist, the oral hygienist told me about her prior job, where her supervisor took her out to lunch to discuss her performance review – and frequently did the same with other employees. She thought this was great, especially since the supervisor had a penchant for really good, high-priced seafood.   While that all sounds tasty, one has to question how effective a performance review can be when attempting to crack open crab legs. This brings me back to…

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15 Jun ‘You’re Doing a Great Job Brownie, er Comey . . . and You’re Fired!’ Avoiding Unforced Errors in Employment Terminations

Employment Lessons | Hans Murphy

  Last week, former FBI director James Comey testified before a Senate Committee in front of a packed house and with millions more watching on television (the event even was live-streamed in some D.C.-area bars). During the hearing, Comey expressed confusion over being fired for poor performance because before his termination, the president allegedly told him that he was doing a “good job.”   Comey’s testimony is reminiscent of the firing of another government official – Michael Brown. You may remember that Brown was the…

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05 May Avoiding the Danegeld (Part 2)

Employment Lessons | Hans Murphy

  As a follow up to my post on avoiding the Danegeld and limiting knowledge of employment settlements to those who have a need to know, here is an example of getting it right.   Recently, conservative pundit Glenn Beck and his media outlet, TheBlaze, Inc., were hit with a lawsuit from Tomi Lahren, a terminated on-air commentator. Lahren claimed that her firing was a violation of her employment agreement, arguing that the given reason – expressing an opinion that Beck disliked – was not…

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