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Facing the “Quit and Sue” Scenario Posted on: October 06, 2021 In: Labor & Employment
Employers frequently face the scenario in which a former employee who resigned or quit sues for wrongful termination in violation of public policy, or other employment law theories, claiming the employer retaliated or discriminated against him or her. This is called the “quit and sue” lawsuit.
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Tags:
employment law, employers, wrongful termination, resignation
Non-Compete Enforcement and “Hot Job Markets”: A Tale of Ten Cities Posted on: February 27, 2020 In: Labor & Employment
The Wall Street Journal recently published a list of the top ten “Hottest U.S. Job Markets” in 2019. Regions were evaluated based on unemployment, labor force, jobs and wages. What is compelling about this list (at least for your average trade secrets and non-compete attorney) is that it throws into doubt the popular argument that non-competes suppress wages and deter employee mobility.
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Tags:
non-competition, employers, trade secrets, employment law, employment agreements
In Colorado, Employers May Assert Concurrent Claims for Civil Theft & Breach of Contract Against Employees Posted on: June 13, 2019 In: Labor & Employment
The Colorado Supreme Court recently resolved a philosophical split within the lower courts as to whether claimants are barred from pursuing both civil theft and breach of contract claims in the same litigation, and answered in the negative. The ruling has broad implication across the spectrum of employment litigation throughout the state.
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Tags:
colorado, economic loss rule, civil theft, breach of contract, trade secrets, employers
After-Acquired Evidence: The Importance of Documenting Employee Misconduct Posted on: March 15, 2019 In: Labor & Employment
Often, employers do not learn the extent of a former employee’s misconduct until after the employer ends the employment relationship or the employee resigns. This information may be useful if the former employee pursues litigation against the employer because it can be used as the basis for asserting the after-acquired evidence defense.
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Tags:
misconduct, after-acquired evidence, personnel records, human resources, employers
Non-Competition Agreements 101 Posted on: February 25, 2019 In: Labor & Employment
Whether you’re a company leader worried about a valued employee resigning to join a competing business, or an employee concerned about your ability to continue working in your field of choice for several years, non-competition agreements affect your choices, career decisions, and long-term plans. Both employers and employees should be mindful about any agreements they enter into that may affect post-employment rights.
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Tags:
non-competition, employers, business, agreements