In a highly-anticipated ruling, a Texas federal court concluded on July 3, 2024, that the Federal Trade Commission (“FTC”) exceeded its authority by enacting its rule in April 2024 that purports to ban nearly all noncompete...more
7/8/2024
/ Appeals ,
Employer Liability Issues ,
Employment Contract ,
Employment Litigation ,
Federal Bans ,
Federal Trade Commission (FTC) ,
Final Rules ,
Litigation Strategies ,
Non-Compete Agreements ,
Preliminary Injunctions ,
Texas
Under Title VII, an employer can be held liable for retaliation by a non-supervisory co-worker if (1) the conduct is sufficiently severe to dissuade a complaint of discrimination; (2) management was aware of the behavior; and...more
2/15/2022
/ Attorney's Fees ,
Damages ,
Discrimination ,
Employees ,
Employer Liability Issues ,
Employment Litigation ,
Punitive Damages ,
Retaliation ,
Sexual Harassment ,
Summary Judgment ,
Title VII
Misappropriation of trade secrets claims often turn on whether the information that was taken is truly a “trade secret.” In considering whether information is a trade secret, courts consider a number of factors, including...more
Under the Tennessee Public Protection Act (TPPA), also known as “the whistleblowing statute,” it’s illegal to fire an employee if the sole cause for the termination was for refusing to either remain silent about or to...more
Pregnancy discrimination has been in the news quite a bit lately. Recently, Walmart agreed to pay $14 million as part of a settlement in response to accusations that it systematically discriminated against pregnant employees...more
11/26/2019
/ Americans with Disabilities Act (ADA) ,
Anti-Discrimination Policies ,
Civil Rights Act ,
Employer Liability Issues ,
Employment Litigation ,
Family and Medical Leave Act (FMLA) ,
Medical Leave ,
Pending Legislation ,
Pregnancy ,
Pregnancy Discrimination ,
Pregnant Workers Fairness Act ,
Reasonable Accommodation ,
Title VII
Like Title VII of the Civil Rights Act of 1964, the Tennessee Human Rights Act (THRA) forbids sexual harassment as a form of sex discrimination. To be actionable, the harassment must be so severe or pervasive that it creates...more
11/8/2019
/ #MeToo ,
Anti-Harassment Policies ,
Civil Rights Act ,
Employer Liability Issues ,
Employment Litigation ,
Employment Policies ,
Evidence ,
Hiring & Firing ,
Human Resources Professionals ,
Human Rights Act ,
Jury Trial ,
Motion for Summary Judgment ,
Paid Leave ,
Retaliation ,
Sexual Harassment ,
Title VII
President Donald Trump’s recent Tweet suggesting that four Democratic congresswomen should “go back and help fix the totally broken and crime infested places from which they came” has sparked robust debate across the country....more
Government employees enjoy more protection than employees of private-sector companies when it comes to speaking their minds about politics or other matters of public concern outside the workplace. A public employee may not be...more
An individual may file a claim under Tennessee’s “whistleblower statute”—the Tennessee Public Protection Act (TPPA)—if she was fired solely for reporting or refusing to participate in illegal activity. Similar to federal law,...more
7/8/2019
/ Appeals ,
Burden of Proof ,
Dismissals ,
Employer Liability Issues ,
Employment Discrimination ,
Employment Litigation ,
Hiring & Firing ,
Hostile Environment ,
Human Rights Act ,
Illegal Activity ,
Jury Trial ,
Summary Judgment ,
Trial Court Orders ,
Whistleblowers
Under the Tennessee Public Protection Act (TPPA), also known as the “whistleblower statute,” it is unlawful to fire an employee “solely for refusing to participate in, or for refusing to remain silent about, illegal...more
2/19/2019
/ Appeals ,
Dismissals ,
Employment Litigation ,
Evidence ,
Excessive Force ,
Hiring & Firing ,
Human Resources Professionals ,
Illegal Activity ,
Resignation ,
Retaliation ,
Sexual Harassment ,
Whistleblower Protection Policies ,
Whistleblowers
Back in April 2017, the federal 7th Circuit Court of Appeals (governing Illinois, Indiana, and Wisconsin) made big news when it determined that Title VII of the Civil Rights Act of 1964 prevents employers from discriminating...more
3/23/2018
/ Civil Rights Act ,
Employer Liability Issues ,
Employment Litigation ,
Equal Employment Opportunity Commission (EEOC) ,
Freedom of Religion ,
Gender Discrimination ,
Gender Identity ,
Gender Neutral ,
Hiring & Firing ,
LGBTQ ,
Religious Freedom Restoration Act (RFRA) ,
Sex Discrimination ,
Sexual Orientation ,
Sexual Orientation Discrimination ,
Title VII ,
Transgender
Recently, two different courts reached two different results in determining whether employees’ LinkedIn postings amounted to a solicitation in contravention of a nonsolicitation agreement. In Bankers Life & Cas. Co. v. Am....more
In November 2017, the Tennessee Court of Appeals upheld a Nashville trial court’s determination that a former employee violated his noncompete agreement by managing employees who solicited competing business in the restricted...more