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The Legal Stuff
BT Currents - Hot Topics in Employment Law

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

  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)

  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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Settlement

05 May Avoiding the Danegeld: Discouraging Me-Too Claims Following a Settlement

  A thousand years ago, Viking warriors would invade a town and threaten to destroy it if the townsfolk did not pay a tax called a “Danegeld” (meaning to pay the Dane gold). Of course, once the town paid the Danegeld tax, the Vikings saw the town as an easy mark – one to which they would return to and demand payment all over again. Essentially, this was the Middle Ages equivalent of a mobster shakedown: promising to “protect” your property to make sure nothing…

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24 Mar Easy Come, Easy Go: Appeals Court Reverses $2.6 Million Award in ADA Case

    In a helpful case for employers, the Second Circuit Court of Appeals reversed a $2.6 million jury verdict in Stevens v. Rite-Aid Corporation (Case No. 15-277), holding that the employer could not reasonably accommodate a pharmacist’s fear of needles.   The case began in 2011, when Rite-Aid started requiring that all of its pharmacists be able to administer immunization injections to customers. But, the new job requirement presented a problem for Rite-Aid pharmacist Christopher Stevens; he suffers from the fear of needles, known…

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13 Feb Hotel California Checks Out of State Forum Selection Clauses You can file your lawsuit any time you like, but you can never leave . . .

  Multistate employers know that the state of California is hostile to restrictive covenants and generally regard non-compete agreements as unenforceable. Over time, some multistate employers have developed a two-step process (one of which has been scrapped by a newly adopted law) to protect their interests in California and sidestep the state’s roadblocks:   Require employees to sign confidentiality or non-disclosure agreements so that even if unfaithful employees subsequently leave to work for a competitor, the employer still has some recourse to limit the damage…

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