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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Off the Clock
I’ve heard employees say, “My employer tells me to clock out once I have reached 8 hours in the day, even if I haven’t finished my work.” If you worked past when you clocked out, can you get paid for it? If you actually worked more than 40 hours — even if your employer has a policy against working unauthorized overtime – do you still have a right to be paid for it? The answer to both questions is yes …
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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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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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