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Showing 38 posts in Employee Contracts.

Plan Ahead – The Lesson of Fighting Unemployment Benefit Claims

February 20, 2012
Posted In Employee Contracts, Employment Law, Hiring and Firing, Unemployment Benefits

Few things are more frustrating for an employer than terminating an employee for cause due to violation of company policy, be it for failing a drug test or some form of misconduct, and then that employee being awarded unemployment benefits. We here at McBrayer PLLC find this result to be all too common, and then it is typically an uphill battle to overturn the award.  In many instances, the problem lies not in the award itself, but in the lack of foresight and preparation which preceded the termination of the employee.  If the first time the issue of unemployment benefits is addressed is post-termination, then the key moment to address the issue has likely been lost.  More >

The Physician Employment Trend Continues

February 8, 2012
Posted In Employee Contracts, Employment Law

As healthcare reform continues to be implemented, the trend toward clinical integration and consolidation also continues and will be a defining characteristic of healthcare delivery in the years ahead.  One critical component of clinical integration and consolidation has been health systems employing physicians to form large multi-specialty groups to serve the patient population.  Physicians contemplating entering into an employment relationship with a hospital or health system must examine a number of critical issues before entering into an employment agreement. More >

NLRB Postpones Posting Notice Rule to April 30, 2012

January 25, 2012
Posted In Employee Contracts, Employment Law, National Labor Relations Act

The National Labor Relations Board (“NLRB”) officially announced that its implementation deadline for the new notice-posting rule has been postponed from January 31, 2012 to April 30, 2012. The NLRB issued a press release stating that it agreed to postpone the implementation of the rule per the request of a Washington D.C. federal court before which a legal challenge regarding the rule is pending. In a notice posted on its website, the NLRB announced: More >

Hosanna-Tabor Evangelical Lutheran Church and School v. EEOC, et al.

January 13, 2012
Posted In EEOC, Employee Contracts, Employment Discrimination Laws, Employment Law, Hosanna-Tabor Opinion

This week the US Supreme Court issued an opinion which has been touted by some as a huge win for religious institutions in the United States, and which has already been spun by certain political pundits as a roadblock to Federal government intrusion.  While certainly significant, the scope and fallout from Hosanna-Tabor Evangelical Lutheran Church and School v. Equal Employment Opportunity Commission, et al., 556 U.S. ___ (2012),[1] Slip Opinion No. 10-553 (January 11, 2012), is unknown, and may be less momentous than some hoped.  More >

It’s a New Year—Time to Review Your Employment Policies

January 3, 2012
Posted In Employee Contracts, Employment Law, Family and Medical Leave Act (“FMLA”), Social Media

Happy New Year!  In the spirit of out with the old and in with the new, now is a great time to review your employment policies and see if it’s time for an update.  Depending on your business, any one of the policies may need to be drafted or updated: More >

FMLA—Designating Leave and Employer Required Notices

December 2, 2011
Posted In Employee Contracts, Employment Law, Family and Medical Leave Act (“FMLA”)

A recent article of the Kentucky Employment Law Letter outlined several important provisions of the Family and Medical Leave Act (“FMLA”) regulations concerning notices which an employer must provide to an employee.  Amongst those notices are the general notices which must be posted in a workplace and made part of any employee handbook.  The general notices provide that “every employer covered by the FMLA is required to post and keep posted on its premises, in conspicuous places where employees are employed, a notice explaining the [Act’s] provisions and providing information concerning the procedures for filing complaints of violations of the Act with the [federal] wage and hour division”, and also employers must “provide this general notice to each employee by including the notice in employee handbooks or other written guidance to employees… or by distributing a copy of the general notice to each new employee upon hiring.”  These provisions for general notice regarding FMLA are easily complied with and very straight forward.  Other notices can be a bit more difficult to keep up with in a busy day-to-day business setting.  More >

Who Breached First? Protecting the enforceability of an employer’s no-compete agreement in Kentucky.

November 11, 2011
Posted In Employee Contracts, Employment Law, Non-Compete Agreement

Many employers are aware of the substantial benefits a no-compete agreement can provide. No-compete agreements (also referred to as covenants not to compete) offer effective protection for an employer’s legitimate business interests, including but not limited to preventing former employees from taking away clients or customers[i] and protecting against the use and dissemination of an employer’s confidential and/or proprietary information.[ii] Indeed, even Kentucky courts acknowledge that no-compete agreements serve as a “valuable business tool” for employers. [iii] More >

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