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BT Currents - Hot Topics in Employment Law

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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08 Feb 2016: EEOC Charges Keep Climbing

  Well, it’s February already and the EEOC charge filing statistics for 2016 are out. Last year, we were looking at the total number of charges filed against employers beginning to tick up again. One year later, we have a definite trend beginning to build:     The above chart tracks the number of annual EEOC charges going back 20 years. As you can see, the overall number of charges tends to ebb and flow with the general nature of the economy – when a…

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