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One Defendant Compels Arbitration, Others “Wait and See”

When a plaintiff sues a company or agency and its officials, and only the company or agency compels arbitration, does the arbitration-losing plaintiff get a “second bite at the apple” in the lawsuit, against the officials? Or do the officials get a low-risk chance to get out of the lawsuit without ever getting to the merits? And what happens if plaintiff wins the arbitration? Read the blog post for the answers. Continue reading

Common-Sense Suggestions to the EEOC

The EEOC has extremely important tasks in receiving and handling charges of employment discrimination, harassment, or retaliation, but is following self-defeating procedures and failing to solve longstanding problems. Some common-sense changes would work far better for the Commission, the charging parties, and employers, and would make the Commission’s limited resources more productive. Here are my ideas. Continue reading

Do You Have a “For Cause” Employment Contract?

Employees usually have the most rights under an employment contract that either says the employee will be employed for a specific period of time, or says the employer is restricting its ability to fire the employee to specific circumstances, such as “for cause,” with a definition of the term. Employers trying to recruit high-level managers, or persons with hard-to-find skills, find “for cause” agreements a powerful tool in persuading the desired prospects to leave what they were doing and sign up with the employer.

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What Does It Mean to Be an “At Will” Employee?

“At will” is a legal phrase that means the employer has the right to fire an employee at any time, for any reason, including a senseless, mean, spiteful, or arbitrary reason, as long as the reason is not unlawful. An “at will” employment can be ended at the will of either the employer or the employee. An employment contract that has no definite duration, and that has no limitation on the employer’s ability to fire the employee, is normally “at will.” Continue reading