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Calculating Damages from Misappropriation of Confidential Information

By Thora Sigurdson We all know that, where applicable, it’s important to take care in drafting confidentiality, noncompetition, and nonsolicitation terms in employment, contractor, and other agreements. A recent case in British Columbia, Cruise Connections Canada v. Cancellieri, reminds us of the value of having a “duty of good faith” clause. It also illustrates how […]

‘Rightsizing’ Right into a Lawsuit?

Whether you call it “rightsizing” or a reduction in force (RIF), it’s legally dangerous. Yesterday’s Advisor  gave the first five of attorney Michael Rosen’s nine tips for avoiding lawsuits during RIFs. Today, we have more of his tips, and we introduce a unique resource for small HR departments. (Go here to see tips 1-5.) 6. […]

At-Will Employment: Employer’s Dream or Toothless Tiger?

The old saying goes that the devil is in the details. When considering the doctrine of at-will employment, it may be more correct to say the answers are in the details. But, that doesn’t mean some of those details aren’t a bit devilish to decipher. HR professionals often struggle with termination decisions. The decision is […]

DOL Sues Staples for Alleged FMLA Violations

The U.S. Department of Labor has filed a lawsuit seeking back wages and liquidated damages on behalf of a former Staples Contract and Commercial Inc. employee for alleged violations of the Family and Medical Leave Act. DOL filed suit after a Wage and Hour Division investigation found that the employer failed to notify an employee […]

What is the NLRB’s stance on social media monitoring?

Social media monitoring is becoming increasingly common by employers as social media use by employees grows. However, employers should be careful not to be so restrictive that they tread on an employee’s right to concerted activity as protected by the NLRA. Employers should carefully craft social media policies such that they don't diminish this right.

Keys for Training Supervisors to Avoid Lawsuits

While you are at it, Schickman adds, make sure that your practices match your policies. Schickman is a partner with Freeland Cooper &Foreman LLP in San Francisco. He offered his tips during a recent webinar sponsored by BLR® and HR Hero®. Supervisor Training Highlights Be sure your training covers the following, says Schickman: Basic rules […]

Liars Never Disappoint, and Other HR Investigation Tips

As we saw in yesterday’s Advisor, the HR manager’s expertise and experience in conducting investigations is always under the spotlight. Today, our expert shares one additional tip for conducting investigations, and we get a few more tips from the HR Red Book®. Give liars a chance to lie, and they never disappoint, says Mike Soltis, […]