Moonlighting While on FMLA: Will It Get Me Fired?
The short answer is “it depends.” Does Your Employer Have a Policy Against Outside Employment? What does it depend on, you ask? Well, it depends on whether your employer has a policy against outside employment and whether the company applies and enforces such a policy consistently to all employees who takes leave. FMLA Regulations on Outside Employment In fact, the regulations promulgated under the Family and Medical Leave Act (“FMLA”) speak directly to this point – “If the employer has …
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Just Cause Termination: More than “Just ‘Cause” They Don’t Like You
Just Cause vs. At-Will Employment If you signed an employment contract, there’s probably a provision in the contract that governs the terms by which the contract can be terminated by your employer or by you. Often, termination of an employment contract can be immediate if done so “for cause” or “for just cause,” or a party may opt to terminate the agreement without cause with an appropriate amount of advance notice. Understanding Employment Contracts for Public and Private Employees Most …
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What to Expect at a Consultation
If you’ve never met with an attorney before (or even if you have), you’re probably wondering what to expect at the consultation you’ve scheduled with an employment attorney. You should expect that the attorney will: If your attorney advises that you should move forward, it is still your choice whether you wish to do so or not. If you wish to move forward by hiring the attorney, the attorney will draft a client services agreement that you will sign and …
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Fraud in the Inducement in the Employment Context
North Carolina does recognize a cause of action for employees who fall prey to an employer’s promise to employ without an intent to do so. However, the plaintiff bears the burden of proving that the employer did not intend to honor its promises regarding employment at the time they were made. One North Carolina case demonstrates why these kinds of claims are hard hills to climb. In February 2007, Eli Research, Inc. engaged Lyn Hittle in employment discussions in which Eli offered Hittle an …
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A Fool’s Resignation on April 1
Yesterday, I posted an April Fools’ Day piece for employers. Today, having been given some golden material by a friend of mine who ACTUALLY played this April Fool’s prank on his managers, I’m doing a belated April Fools’ Day lesson for employees. (He didn’t consult me before doing this, obviously). The following is an example, for several reasons, of a prank NOT to play on April Fools’ Day (or the other 364 days of the year)… This e-mail went out …
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More than a Hunch
A federal court in Washington recently took up the case of a Muslim software architect who claimed harassment on the basis of his religion and national origin. After staying in a room numbered 911 at a hotel on a business trip, he believed someone at his company booked him in that particular room to harass him because they knew that his first name is Mohammed, in order to remind him of the 9/11 terror attacks. The case is Rahman v. …
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Noble Law Firm Participates in 4ALL Statewide Service Day
On March 7th, lawyers from across the state joined forces with The North Carolina Bar Association for it’s sixth annual “4ALL Statewide Service Day“, where from 7am to 7pm, North Carolina residents got to talk to a lawyer and ask legal questions–for free! The event took place in 8 locations across the state–from Wilmington to the Triangle to Greensboro, where volunteers managed to carry on despite a power outage. The result: 456 attorneys, paralegals, law students and other volunteers fielded …
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Don’t Leave Your Money on the Table
If your employer has decided to end its relationship with you, you should hire an expert employment attorney to help you part ways with dignity, grace, and financial and career security. Often, employers offer what is called a “separation agreement” or “severance agreement” that will govern your exit from the company and your mutual obligations after your exit. There are ten very good reasons why you should hire an employment lawyer to review and negotiate your separation agreement prior to …
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Employment Contracts: Why You Should Actually Read Them
“Sign now, read later” is usually a bad plan with Employment Agreements as it can have particularly awful consequences. I often meet with clients shortly after they have resigned or have been terminated from their job. At the exit interview the client may have been advised by the company that all of their “restrictive covenants” remain in effect. Generally speaking, “restrictive covenants” relate to activities that the former employee is NOT allowed to do post-employment. Some examples may be to …
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Put and Get Everything in Writing
Sure, you have a great relationship with everyone at work. You trust your boss. You love your coworkers. Never had a problem with Susan from HR. Everything is just hunky-dory. Nobody expects an employment relationship to sour. But it happens, even to the best employees. That’s why you should put everything important in writing, and where possible, ask to get everything promised to you or expected of you in writing. If you get called into a meeting with your managers …
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