Is a non-compete agreement signed after working on the job and covering the entire United States legal and enforceable? Your employer’s non-compete/solicitation agreement is not enforceable because it covers the entire country. It has to be limited in scope and limited in geographic proximity…. → Read More
Can an employer establish different probationary periods for new employees? Employers have a wide variety of choices in setting employment probationary periods, including a right to establish different probationary periods for new employees. During these times, an employee can be terminated with or without cause. Even though probationary employees do have some protections from firing, the right to be free from an extended or different probationary period than someone else is not one of them. → Read More
Appearances Can Be Deceiving: Making Hiring Decisions Based on Physical Appearance An employer may make many appearance-based hiring decisions, but because illegal discrimination is based on typically obvious physical characteristics, it is exceedingly dangerous for an employer to do this. → Read More
Is a work furlough a sufficient violation of an employment contract to be considered a constructive termination? Look at your employment contract. If it explicitly references or guarantees a salary figure, that would be the best and easiest case for the employee (and conversely, the worst for the employer). → Read More
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