Don’t take action or investigate employee complaints promptly. When an Employee makes a complaint about another employee, make sure you investigate it promptly and document the investigation and the steps you took at the conclusion of your investigation.
Don’t read your company’s agreements. If you are planning to terminate a contract, or enter into one, know your obligations and the other party’s rights before you do. It is important that you know what might happen if you terminate a contractual relationship. Are you breaching the agreement? If you are sued, will you have to pay the other party’s legal fees?
Hire an employee from a competitor without asking whether they signed any employment agreements with their soon-to-be former employer. If you are hiring a new employee from a competitor, or a company in the same business as yours, find out whether they have a non-competition or non-solicitation agreement with their former company. If they do, you may be hiring more than an employee — you may be buying a lawsuit.
Work very hard to develop customer relationships and confidential information, and then pass that along to key employees without protecting it. Have them sign non-competition, non-solicitation and confidentiality agreements.
Use boilerplate terms from a form book or another company. Make sure you are using forms and agreements that are enforceable, legal and protect your business. We know of a situation where a company used a form from another state, that ended up being illegal in the state it was being used in.
Don’t use an employee handbook. If you have an employee handbook and policies, and stick by them as best you can, you can better defend your company when an employee claims unfair or illegal treatment.
Bloggers beware. In this case, be thankful. Yesterday the DC district court of appeals reversed denial of SLAPP special motion to dismiss where blogger published alleged defamatory statements uttered by someone else.
SCOTUS ruled yesterday Muslims can sue FBI for placing them on no-fly list as retaliation for refusing to cooperate with counterterrorism investigations.
Interesting balance on religion and governmental immunity.
The rush from the cities (NYC mostly) to rural Connecticut and upstate New York is bringing back that lovely old equitable remedy SPECIFIC PERFORMANCE!! Oh I love contracts. And specific performance even more.
With jobless claims so high, more small businesses are fighting unemployment. "Refusing suitable employment," is the biggest issue per DOL. Employers should be prepared with proof of PPE compliance if they want to defeat a claim because they offered the employee their job back. https://t.co/L5kM4L6qCF
With jobless claims so high, more small businesses are fighting unemployment. "Refusing suitable employment," is the biggest issue per DOL. Employers should be prepared with proof of PPE compliance if they want to defeat a claim because they offered the employee their job back. https://t.co/xoBslJOgLc
DE Sup. Court, epicenter for biz litigation, answered yesterday a certified question from 9th Circuit.LP must prove reliance and causation when suing GP for failure to disclose material info in one-time request for capital contribution. LP does not get benefit of per se rule.
Brian Tracy wrote that Mark Twain said something like “eat the frog in the morning.” Meaning get the toughest things out of the way bright and early. Man how come these truths are so simple? I ate two pretty large frogs this morning. It works.