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BT Currents - Hot Topics in Employment Law

14 May Employer’s Delay Results in Waiver of Arbitration

In sports, a team could be penalized if there is a delay in game. In law, a company could lose its right to compel arbitration if it delays in exercising its arbitration rights. This is exactly what happened in a recent 8th Circuit Court of Appeals decision, Messina v. North Central Distributing, Inc. d/b/a Yosemite Home Decor.   In Messina, the former vice president, Richard Messina, signed a two-year employment agreement with North Central Distributing, Inc., d/b/a Yosemite Home Decor (Yosemite) as well as a…

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13 May A Smorgasbord of Termination Reasons That Might Be Used Against You

One of the most frequently asked questions in employment law counseling is “Can I terminate Employee X?” The better and more salient question is “For what reason(s) should I terminate Employee X?”   Not all reasons are created equal. There is a perception that the more reasons provided the greater the strength of the employer’s defense. And it’s true. Each discrete reason proffered by the employer must be rebutted. So, the more, the better? No, says the Fifth Circuit Court of Appeals in a recent…

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11 May How Confidential is Your Information?

As I recently sat in the airport waiting for my flight, I became fascinated by watching and listening to people on their phones.  What astonished me the most was how much “confidential” business information really was not confidential.   During a 30 minute wait, I sat near a gentleman who proudly wore his employer’s logo on his golf shirt and jacket. He also loudly explained, while on his phone, that this same company’s anticipated product now had at least a two-year waiting period for FDA…

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10 May 55-Year-Old Employee Fails to Establish Age Discrimination Claim against 3D Printing Company

Last week, a Minnesota Federal District Court granted summary judgment in favor of a New Mexico company accused of age discrimination. Optomec, Inc., is a New Mexico-based corporation that develops and manufactures 3D printing systems. While Optomec is headquartered in Albuquerque, it has also has a facility in St. Paul, Minnesota.   In 2013, Thomas Nash, who was 53-years-old at the time, began working for Optomec as a paid intern in the company’s St. Paul location. During his internship, Nash received average to “tepid” reviews….

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09 May Survey Says: Smoke-Free Campuses a Minority, But Employers Addressing E-Cigarettes

This month’s survey results from our friends at Employers’ Resource Association look at employer tobacco policies.  Here are some of the interesting results:   Only 28 percent of respondents have a smoke-free campus (Not included in the survey is how many companies won’t even hire smokers – undoubtedly a much smaller number) 86 percent prohibit smoking while driving a company-owned vehicle 70 percent address e-cigarettes in their policies and 61 percent prohibit smokeless tobacco   The complete infographic can be viewed here.

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