We use cookies to customise content for your subscription and for analytics.
If you continue to browse Lexology, we will assume that you are happy to receive all our cookies. For further information please read our Cookie Policy.
In cooperation with Association of Corporate Counsel
  Request new password

Search results

Order by most recent / most popular / relevance

Results: 1-10 of 99

Employee not eligible for FMLA leave still protected by non-discrimination provisions

  • Sherman & Howard LLC
  • -
  • USA
  • -
  • September 6 2012

Many employers offer leave of absence benefits to employees that supplement leaves of absence provided by the Family and Medical Leave Act

The declining value of non-disparagement provisions in separation agreements

  • Sherman & Howard LLC
  • -
  • USA
  • -
  • November 3 2010

When entering into settlements or release agreements with departing employees, some employers want to bargain "hard" for non-disparagement provisions

Offer letter: whole show or just a preview?

  • Sherman & Howard LLC
  • -
  • USA
  • -
  • June 3 2013

Most of the time, employers don't intend offer letters to cover all the material subjects about the employment relationship. After an offer has been

Employer’s intrusion into employee’s Facebook page may be invasion of privacy

  • Sherman & Howard LLC
  • -
  • USA
  • -
  • July 9 2012

A federal district court in New Jersey recently addressed a question about which employers have long speculated, but had no answer, whether an employee can successfully assert an invasion of privacy tort claim against an employer that makes unauthorized access to the individual's Facebook account

Is the scope of protected “opposition” shrinking?

  • Sherman & Howard LLC
  • -
  • USA
  • -
  • May 1 2012

Section 704 of Title VII protects an employee from retaliation for "opposing" the employer's illegal discrimination or for "participating" in a proceeding raising a claim of discrimination banned by Title VII

Lawfully fired employee may claim “chilled” exercise of FMLA rights despite receiving leave

  • Sherman & Howard LLC
  • -
  • USA
  • -
  • March 3 2011

Employers have the duty not to "interfere with" the exercise of any right under the Family and Medical Leave Act

WARN Act does not apply to replacement workers when strikers return to work

  • Sherman & Howard LLC
  • -
  • USA
  • -
  • July 11 2011

The federal labor laws give employers the right to operate with replacement employees during a strike

Employer directive that employee get unspecified “counseling” treated as unlawful “medical examination”

  • Sherman & Howard LLC
  • -
  • USA
  • -
  • September 6 2012

Heaven help the misguided employer who instructs an employee to go for unspecified "counseling."

Taking control of former executive’s LinkedIn account found permissible

  • Sherman & Howard LLC
  • -
  • USA
  • -
  • November 5 2012

In our January 2012 newsletter, we reported on Maremont v. Susan Fredman Design Group, Ltd., a case where a court recognized potential claims under the Lanham Act andor the Stored Communications Act because an employer posted entries on a former executive's personal Facebook page and posted "tweets" on her personal Twitter account, to promote its business, without her authorization

HR director has no retaliatory discharge claim based on dismissal during her investigation of internal discrimination complaint

  • Sherman & Howard LLC
  • -
  • USA
  • -
  • July 9 2012

In our last newsletter, we observed that courts have increasingly been restricting retaliation claims, by circumscribing recognized employee "participation" in proceedings under the discrimination laws and employee "opposition" to unlawful discrimination