Employment contracts often contain clauses barring the employee from competing with the employer for a certain period of time after the employment is terminated. An employer who feels that a former employee has violated such a clause can sue under the contract. Courts, however, often are not enthusiastic about enforcing these “noncompete” agreements (also called […]
Category: Employment Law
Will You Receive Severance Pay If You Are Laid Off?
When you are laid off from a job, you want to be sure your final pay includes all the benefits to which you are entitled. Employers provide severance pay in order to help departing employees, to keep up the morale of remaining employees, and to avoid lawsuits. Severance pay is money paid in addition to your […]
How to Apply for Unemployment Insurance Benefits
The exact details pertaining to unemployment details varies by state, but since it is a joint state-federal program, certain aspects of the service are the same around the country. This article covers some of the basics of applying for and receiving unemployment benefits. What is Unemployment Insurance? The unemployment insurance benefits program is intended to […]
Hiring & Firing of Employees: Potential Legal Pitfalls
Overview Title VII (29.U.S.C. Section 2000e-17) prohibits discrimination in hiring employees based on race, color, religion, sex and national origin. Public and private sector employers that employ at least fifteen employees are covered by the Act. While an employer may inquire about the applicant’s general ability to perform essential job functions, there are numerous pitfalls […]
Worker’s Compensation Not Granted in Sidewalk Slip and Fall
Both private businesses and public agencies are generally responsible for slip and fall injuries occurring in or around their premises. To be liable, the condition must have been one which they knew or reasonably could have been expected to know about and which they reasonably could have prevented. Wet floors, tools left out, or uneven […]
Legal Pitfalls To Avoid During The Hiring Process
Introduction The hiring process has numerous legal pitfalls for the unwary employers and applicants. A complex framework of federal and state law strikes a balance between protecting the civil rights of job seekers and the legitimate interests of employers when hiring a qualified, productive worker. Employers and applicants should familiarize themselves with basic requirements of employment […]