Okay. I confess: I have been really busy (what a blessing) and have not had a chance to write much. But, I have had a chance to read, and I came across something else I wanted to share. Management-side employment lawyer, Jay Shepherd, has written a good article directed at employees: Eight Ways to Guarantee Yourself a Non-Compete Lawsuit. Pretty good advice. Because, in the end, beating your non-compete begins with not acting stupidly and dishonestly, and even if you have a non-compete that will never hold-up in court, being dishonest before you leave your job or taking stuff with you when you leave will make your non-compete the least of your problems. Remember you can delete, but you cannot hide.
Eight Ways to Guarantee Yourself a Non-Compete Lawsuit
February 27th, 2010
Working Hard For Your Money: Overtime for Salaried Employees
February 2nd, 2010
It seems only fair that if you work long and hard, your paycheck should reflect it. However, more and more employers are paying their employees a salary, which is the same whether the employee works 40 or 45 hours. Is paying an employee a salary the trick to avoiding overtime? Not quite.
Reading About Bimbos, iPads and the End of Restraint
January 30th, 2010
We all read a lot of stuff every week, but only a fraction that we would recommend to others. My list comes from pretty mainstream sources, but hey, that is where most of my worthwhile reading was found. In any event, check out links to articles about Bimbo Bakeries filing the latest inevitable disclosure case,the end of judicial restraint, and impact of Apple’s iPad on AT&T’s network. Also, keep scrolling to find the link to the Work Lawyer’s short-book review that piques the interest. Read the rest of this entry »
Employment at Will: The Right to Fire You for [Almost] Any Damn Reason They Choose
January 15th, 2010
Every employment relationship that does not involve a contract for a stated term (like a contract for one year) is presumed to be “at will.” Employment at will is defined as the ability of either employer and employee to terminate employment for a good reason, bad reason, or no reason at all and at anytime without notice. So, what if you show up at work wearing a Clemson shirt and your supervisor is a Carolina fan and he fires you? Employment at will. You lose. Or what if you are fired for missing a day because your daughter had a 24 hour virus? Employment at will. Or because your supervisor wants to give your job to his golfing buddy or girl friend? Employment at will. Are there exceptions? Yes. But, not many.
Who You Kiffin? Avoiding the Wrong Lane in Employment Law
January 13th, 2010
As a Gamecock fan, I am enjoying the turmoil of our SEC East rivals. I am tempted to say “I told you so.” Lane Kiffin had no record of accomplishment, his employment history had telltale signs of impending trouble, and he began violating NCAA rules from the moment he arrived in Knoxville. From an employment law perspective, there is a teachable moment buried in the Kiffin drama.
The basic lesson is that most employment disputes are preventable, and the Kiffin debacle was certainly avoidable. So, what are the lessons from the Kiffin-Tennessee drama that would have helped Tennessee avoid this mess?
Book Suggestion: Becoming Justice Blackmun
December 18th, 2009
Who was Harry Blackmun? The short answer is that he was an Associate Justice of the United Supreme Court and the author of Roe v. Wade. The slightly longer answer can be found in the 2005 national bestseller Becoming Justice Blackmun: Harry Blackmun’s Supreme Court Journey. The book relies exclusively on the extensive collection of personal and official papers donated in Blackmun’s will to the Library of Congress. He left a long paper trail of his life that Linda Greenhouse weaves into a readable narrative and interesting introduction to Justice Blackmun.
New Report Raises Serious Concerns about Assisted Living Facilities in SC
November 9th, 2009
No one likes the thought of going to a nursing home, but assisted living facilities seem to provoke much less dread and concern. Nursing homes provide residents with 24/7 skilled nursing care while assisted living facilities provide housing, food, and care to individuals who are unable to live independently but who do not need institutional or skilled nursing care. However, a new report from Protection and Advocacy for People with Disabilities, Inc. (P&A) raises significant concerns about not only the care received at these assisted living facilities (referred to in the report as Community Residential Care Facilities or CRCF) but also the lack of systemic oversight.
Ten Proverbs for Litigators
September 19th, 2009
Trying cases is what I think I do best. There are some lessons that I have learned along the way. Twitter helped be shrink them down to 140 characters or less. Here are my top 10:
1. Cases are won as much by facts forgotten as facts remembered.
2 If truth is in the middle, then so will be the verdict.
3. Juries tend to make humble lawyers proud and arrogant lawyers humble.
4. The billable hour, whether your own or another’s, will dictate the course & length of litigation more times than not.
5. If you don’t pay attention to the trivial aspects of your case, the jury just might. Know thy case.
6. Don’t ask, if you don’t already know.
7. Jurors want to know you believe in your case before they believe in it.
8. If you don’t like your client, the jury surely will not.
9. Moderation in all things, except your passion for your case.
Workplace Defamation: Walking a Tight Rope
August 30th, 2009
I have tried two defamation cases to a jury verdict, although I have handled many defamation cases (and have a worthwhile defamation case I am currently handling). Almost all of the defamation cases I handle arise out of the workplace, whether a current employment situation or a former employment relationship. In my first jury trial of a defamation case, a pharmaceutical technician was accused by the pharmacist at her location of stealing Adderall, an addictive stimulant. As it turned out, Adderall had come up missing at the previous location the pharmacist had worked. After the pharmacy tech was fired under the accusation of theft, Adderall went missing again. Read the rest of this entry »
Defamation Basics: A good name is as good as gold, but some ain’t worth two cents.
August 9th, 2009
I had a jury trial a couple of weeks ago, in which I represented a small business being sued for defamation. There are two types of defamation: (1) Written defamation, which is called libel; and (2) spoken defamation, which is called slander. My case involved allegations of both libel and slander. In my case, a former employee accused my client, an employer of seven employees, of defaming him by giving him bad references to prospective employers with whom he had applied for truck driving positions. It took the jury less than hour to render a verdict for my client.
Why did we win? There are several reasons. Read the rest of this entry »
