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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Service of Process via Social Media?! Yep.
A federal court in Virginia recently allowed service of the summons and complaint in a lawsuit via Facebook, LinkedIn and e-mail. While that lawsuit involves trademark infringement, the implications are far-reaching and indicative that some courts have begun to get cozy with the central role of social media and technology in our rapidly changing society. After having first notified him of his infringement by Skype and e-mail, the plaintiff in the Virginia case sued an app developer in Turkey, but …
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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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Don’t be a #Twit(ter) at Work
Ever gotten bored during the workday and picked up your smartphone to play around on Twitter? Ever tempted to complain about your company or your boss? Beware. It could cost you your job. Social media is as much a part of our social fabric now as interpersonal communication. And people are using it while at work and to talk about work. Ask yourself… if you walked out to the sidewalk in front of your company and announced to everyone how …
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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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The Way You Dress at Work
Generally, your employer may maintain a dress code that applies to all employees within a certain job category, even if it means that, coincidentally, the dress code happens to conflict with some workers’ ethnic or religious beliefs. However, your employer’s policy can’t single out groups of people based upon factors such as national origin or religion. For example, the company can’t ban employees from wearing traditional African head wraps while allowing other employees to don western-styled hats (cowboy hats, fedoras, …
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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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What Does “Employment at Will” Really Mean?
In North Carolina, the employment relationship is described as “at-will.” That means that an employer can terminate you for any reason, even an unreasonable one, as long as it’s not one forbidden by law or express agreement. While this is a relatively simply statement to make, it is a lot less simple to understand in the real world. We often find ourselves explaining to frustrated employees why a terribly unfair workplace situation is not necessarily the basis of a law …
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Say It Isn’t Snow
Given the horrible winter we’ve been having, I’m not surprised that I’ve been asked this question more than once in recent weeks. “My office was closed for one day due to the weather and road conditions. Now, they are telling me that I have to burn a vacation day for my “day off”. It was hardly a vacation and it wasn’t my choice to stay home. Can they do this?” Before I answer the question, I’m going to make some …
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