KMK Law Management Rights Blog

Have you heard about the non-solicit suit involving communications on LinkedIn? Well, it seems that an employer in Minnesota is suing former employees and their new employer over violations of the employees’ non-solicitation agreements. The twist is that one of the employees allegedly did her solicitation through her LinkedIn page, communicating with several former colleagues after going to work for a competitor.

Using forms and checklists can save the client time and money on the finished product but they can never be a substitute for sound legal analysis. 

Here is a scenario I’ve seen too many times to count.  An employee is terminated and files a lawsuit.  The employer had a good reason but there are counter arguments. 

In employment litigation, management witnesses are sometimes reluctant to be forthcoming about business decisions if they perceive that the reasons for a decision might not look good to others.  This kind of thinking often misses the point in employment litigation. 

Here is a scenario that I’ve seen many times:  An employee does something bad that will likely lead to termination; while the employer is investigating and deciding what to do next, the employee submits FMLA paperwork requesting leave. 

Maybe I’m a cynic but it’s possible that the employee doesn’t really need FMLA leave. 

I have followed the news coverage of the Healthcare Reform package, the online blog coverage, and I actually perused the legislation myself.  Why did I do that?  So I could compile the following non-exhaustive list of Healthcare Reform issues that may impact employers, apart from the more obvious employee benefit and insurance issues.  Here is what I have so far, in no particular order...

The Ohio Supreme Court delivered a major victory for employers this week by upholding the constitutionality of Ohio's intentional tort statute. 

As most everyone has heard due to the 24-hour news cycle, the House passed healthcare reform.  Specifically, the House passed the U.S. Senate’s Patient Protection and Affordable Care Act (H.R. 3590) and the Health Care and Education Affordability Reconciliation Act of 2010 (H.R. 4872), a bill intended to fix certain aspects of the Senate’s original bill. 

So you just got comfortable with your blog, LinkedIn, and Twitter.  What about location based social media?  Part game and part micro blog, these websites allow you to check in throughout your day with your location and related comments while earning various online honors and prizes. 

There has been a lot of news coverage lately of Rep. Eric Massa’s resignation and apparently related allegations of harassment of male staffers.