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BT Currents - Hot Topics in Employment Law

19 Oct Employee Fired for Facebook Selfie

A Georgia employee was recently terminated from his position at a marketing firm as a result of a disgraceful Facebook “selfie.” In this case, the employee took a “selfie” with a co-worker’s African American son and uploaded the image as his profile picture. The employee’s picture resulted in a number of Facebook “friends” making derogatory, racist, and disgraceful remarks about the child (we won’t be posting them here). In response to some of the remarks, the employee described the child as “feral.” Not surprisingly, the…

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16 Oct Tenth Circuit Finds Secretly Recorded Age-based Remarks To Be Double-Edged Sword That Can Be Used as Evidence of Plaintiff’s Own Wrongdoing

In Housley v. Spirit Aerosystems, Inc., the U.S. Court of Appeals discussed the significance of the parties’ objections and requests for limiting instructions at trial, which serves as a reminder to plaintiffs and defendants alike. In this case, the plaintiff (a long-time employee of The Boeing Company (Boeing)) sued Spirit and Boeing, alleging that she had been discriminated based on her age (56) after Boeing sold its Wichita facility to Spirit, and Spirit did not hire her based upon the recommendations of Boeing management. Specifically,…

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15 Oct California Employee Arbitration Bill Vetoed

In a move that has left employers relieved, California Governor Jerry Brown vetoed a bill (AB 465) that would have prohibited employers from implementing arbitration agreements with its employees unless those employees had counsel and negotiated the arbitration agreement. The bill also would impose a $10,000 fine on employers for each violation.   In his veto message earlier this week, Governor Brown explained that the bill imposed a “blanket ban on mandatory arbitration agreements” and this ban “has been consistently struck down in other states…

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13 Oct Noncompetes In Mexico

I recently had occasion to look into Mexican law regarding non-competition agreements. For those who are unfamiliar with Mexican noncompete law, it can be summarized succinctly: see California. Like the Golden State, Mexico takes a dim view toward non-competition agreements.  In fact, the unenforceability of restrictive covenants is not even a matter of Mexican statute, it’s actually embedded into the country’s Constitution.   Specifically, Article 5 of the Mexican Constitution provides that “the State cannot permit the execution of any contract, covenant, or agreement having…

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12 Oct Think Before You Shoot on Noncompete: Why The Threatening Letter May Not Be Your First Move

I recently wrote an article about the importance of thinking a few steps ahead before businesses have their lawyers send the proverbial nasty lawyer letter.  Those letters certainly have their place in many contexts, but the article explains why you should think through the possible responses to the letter and be sure before the letter goes in the mail that you are ready to deal with the consequences.   So it is when an employee departs and is believed to be working for a competitor…

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