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The Legal Stuff
BT Currents - Hot Topics in Employment Law

01 Jun Six Statements That May Mean Your Business Will Keep an Employment Lawyer Busy

  I recently posted elsewhere six things I hear employers say that, while understandable in some cases, may actually cost the employer money in legal fees (and, with some of them, judgments or settlements). Here are the statements and more info on why they are problematic:   “Noncompetes aren’t really enforceable. I’ll just hire him.” “I’ll just get a document off the internet.” “I’ll write it myself, then my lawyer can review it.” “Other employees are tired of having to cover for him being sick.”…

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07 Sep Illinois Cracks Down on Noncompetes for Low-Wage Workers

  Should the teenage workers who make your deli sandwich (or bus tables or perform other routine entry-level work) be able to move from one job to another without running afoul of a noncompete? The court of public opinion thought so, as evidenced by the controversy that erupted over the Jimmy Johns sandwich chain’s much-publicized business plan that even low-level workers should be subjected to post-employment restrictions, as we reported here.   Now the Illinois General Assembly has stepped in with the new Illinois Freedom…

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29 Feb State Noncompete Statutes, Your Company, and the Economy: One Perspective

  We write a lot on Currents about noncompetes. Even if your company does not use them, you may find yourself hiring somebody who has signed one with a former employer, and as a Currents reader, you know that the rules about noncompetes vary widely from state to state and you need to have some awareness of how they vary before making decisions. For example, even if an Ohio noncompete specifies the application of Ohio law, if litigation is commenced in another state, the other state’s courts…

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15 Feb Massachusetts and the Impending Death of Noncompetes Part II: De Facto Enforcement of Noncompetes

  Last week I wrote about Massachusetts legislation to ban noncompetes. As I wrote, from our position of representing businesses, we do not have an inherent preference for or against noncompetes because there are business interests on either side of the issues (as the Massachusetts debate illustrates). Rather, our job is to guide clients through the changing and varied rules across the states about noncompetes.  However, I do feel that opponents of noncompetes often make statements about the prevalence of noncompetes, the decline of noncompetes,…

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08 Feb Groundhog Day: Declaring the Impending Death of Massachusetts Noncompetes

  For the last three years, we have reported on legislative efforts to ban noncompetes in Massachusetts. You can see each of those reports here. Thus far none of those efforts have been successful. Here again in 2016, legislative efforts to ban noncompetes promise to continue in Massachusetts, with one commentator declaring, “This is the year.”   Our job as business lawyers is to advise clients on how widely varying state laws affect their ability to use noncompetes, then they can make their business decisions…

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