News & Analysis as of

Confidential Information Hiring & Firing Employment Litigation

Stikeman Elliott LLP

Did the Punishment Fit the Claim? Employer Hit With $25,000 in Punitive Damages for Making Statutory Entitlements Subject to a...

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In its recent decision, Thompson v Revolution Resource Recovery Inc.2025 BCSC 8 (“Thompson”), the Supreme Court of British Columbia (the “Court”) made a $25,000 punitive damages award against an employer for attempting to...more

Stikeman Elliott LLP

I’m Listening: BC Appeal Court Confirms that Secretly Recording Colleagues Constitutes Just Cause

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In Shalagin v. Mercer Celgar Limited Partnership, 2023 BCCA 373 (“Shalagin”), the British Columbia Court of Appeal affirmed that surreptitiously recording fellow employees may constitute just cause....more

Sheppard Mullin Richter & Hampton LLP

It Is Time to Check Your Onboarding Documents – Employer’s Confidentially Agreement Renders Its Arbitration Agreement...

On April 19, 2023, the California Court of Appeal held that an employer’s arbitration agreement was unenforceable because of unconscionable terms found in other documents provided to employees during the onboarding process....more

PilieroMazza PLLC

Disloyal Employees: Disgorgement Offers Employers Some Reprieve

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In many states, employees owe a duty of loyalty to their employer as long as they remain on the employer’s payroll. In other words, employees must generally act in the best interests of their employer—and not solely for their...more

Winthrop & Weinstine, P.A.

Associate Employment Agreements: Protect Yourself & Your Practice—Roots Of Wisdom

It doesn’t matter whether you own your own practice, are selling your practice and staying on, or are beginning your career at a new practice: setting the terms of your employment, or of an associate’s employment, is...more

Epstein Becker & Green

Employers with Illinois Employees: Revise Form Noncompete and Nonsolicitation Provisions Before January 1, 2022

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Governor J.B. Pritzker recently signed into law Public Act 102-0358 (“Act”), which dramatically reforms the law in Illinois governing both noncompete and nonsolicit provisions. The Act is not retroactive, and goes into effect...more

Hogan Lovells

Employment News: privilege, health and safety, webinar

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Narrow escape - limited waiver of privilege decision upheld In Watson v Hilary Meredith Solicitors Ltd the EAT reaffirmed the correct approach to waiver of privilege. A tribunal was entitled to find that a respondent had...more

Epstein Becker & Green

[Virtual Event] Hot Employee Mobility Issues in the COVID-19 Era - November 12th, 12:00 pm - 1:00 pm ET

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COVID-19 has not only created a plethora of workplace safety, accommodation, and leave issues, it has also created new employee mobility challenges for employers: - How can employers maintain the “trade secret” status of...more

Vinson & Elkins LLP

Do You Really Need A Non-Compete For Your Receptionist?

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It’s not uncommon for businesses to develop forms of non-compete and non-solicit restrictions and then roll them out across most or all of the workforce. This is often done without giving sufficient thought as to whether...more

FordHarrison

Non-Compete News: No-Hire Provisions Under the Georgia Restrictive Covenants Act

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Executive Summary: The Georgia Restrictive Covenants Act (O.C.G.A. § 13-8-50, et seq.) (“RCA”) governs restrictive covenant agreements in Georgia entered into after May 2011. The RCA expressly addresses non-compete,...more

Seyfarth Shaw LLP

Appellate Court Considers the Illinois “Employee Credit Privacy Act”

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Seyfarth Synopsis: On December 3, 2019, the Appellate Court of Illinois affirmed summary judgment in favor of a public utility company that considered credit checks for individuals applying for a customer service...more

Fisher Phillips

Web Exclusive: The Top 14 Workplace Law Stories Of December 2019

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It’s hard to keep up with all the recent changes to labor and employment law. While the law always seems to evolve at a rapid pace, there have been an unprecedented number of changes for the past few years—and this past month...more

Verrill

2019 Wrap Up: States Continue to Limit the Enforceability of Employee Non-Competition Agreements

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Most employers use contracts to protect their customer relationships and proprietary information from unfair competition by employees. They must. If they do not, they may lose their ownership rights in such business...more

Littler

Colorado Court Decides Issue of First Impression on Restrictive Covenants

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The Colorado Court of Appeals recently decided an issue of first impression regarding noncompetition and nonsolicitation agreements. The decision in 23 LTD v. Herman highlights an important consideration for Colorado...more

FordHarrison

Non-Compete News: Georgia Court of Appeals Clarifies Definition of "Key Employee" Under the Georgia Restrictive Covenants Act

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The Georgia Restrictive Covenants Act (O.C.G.A. § 13-8-50 et seq.) governs non-compete agreements in Georgia entered into after May 2011 and sets forth that such agreements can be used only with respect to certain employees. ...more

Coblentz Patch Duffy & Bass

Another Warning Shot On Employee Nonsolicit Agreements

It’s time to take another hard look at whether it’s worth it for employers to ask their departing employees not to recruit anyone away after they leave. Nobody wants their former employees to raid the ranks of their current...more

FordHarrison

Non-Compete News: Is a Non-Solicitation of Employees Provision Enforceable in California?

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Last month, California’s Fourth District Court of Appeal issued AMN Healthcare, Inc. v. Aya Healthcare Servs., Inc., 28 Cal. App. 5th 923 (Cal. Ct. App. 2018), a decision calling into question the validity of non-solicitation...more

Seyfarth Shaw LLP

Actions Taken in Violation of State Law May Not Be Protected Activities Under Title VII

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Plaintiffs often have difficulty producing evidence of comparators when attempting to prove unlawful discrimination because records contained in personnel files are confidential, but any attempts to gather such evidence must...more

Foley & Lardner LLP

Non-Compete: Who is the Bad Actor?

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Against the backdrop of a continuing trend of low rates of unemployment throughout the United States, there has been a recent surge of people searching for new and better jobs. As a result, there has also been increased...more

FordHarrison

Non-Compete News: Georgia Court of Appeals Confirms Lack of Geographic or Material Contact Limitation Does Not Invalidate...

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Georgia’s recent Restrictive Covenant Act, enacted in 2011, does not directly address non-solicitation of employees a/k/a non-recruitment covenants, thereby leaving such provisions subject to the principles developed by...more

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