The use of non-competition agreements for physicians is the subject of significant dispute. Private practices that invest significant time and money in recruiting and training doctors want to prevent their investments from walking out the door to the practice down the street, while doctors want the freedom to change jobs without restriction. A recent settlement… Continue reading A Different Kind of Challenge to Doctor Non-Competition Agreements
The Computer Fraud and Abuse Act (CFAA) was enacted primarily as a criminal statute to prosecute hackers. Increasingly, employers are trying to use the CFAA to recover damages against employees who use or access the employer’s computers to misappropriate confidential and proprietary information. CFAA claims now routinely accompany claims against employees for misappropriation of trade secrets and… Continue reading Employees & the Computer Fraud & Abuse Act
A recent EEOC settlement serves as a reminder to employers not to make judgments about whether an employee can perform a job – especially when a doctor’s note provides objective information about the employee’s abilities. In the case, the employee suffered a brief epileptic seizure on his first day of work at the client facility… Continue reading Employers – Do Not Ignore Doctor’s Note re Employee’s Disability
As NPR reports, employers are increasingly seeking to cut healthcare costs by directly addressing the health habits of their employees. According to NPR, the range of programs implemented by employers ranges from circulating health risk questionnaires (meant to raise awareness of health issues) to offering sponsored fitness challenges, stress reduction classes and smoking cessation programs. http://www.npr.org/blogs/health/2012/08/10/158506049/yoga-on-commission-more-employers-pay-for-good-health-habits.
The Oregon Court of Appeals recently held that an employee who was terminated because he could not show up for work was discharged for misconduct connected with work where the employee’s reason for not showing up was that he was in jail following a conviction for DUII and reckless driving. Interestingly, the employee’s arrest did… Continue reading Employee DUII and Unemployment Benefits
On July 24, 2012, in a press release detailing the settlement of a disability discrimination suit brought by the EEOC against BAE Systems Tactical Vehicle Systems, a senior EEOC attorney stated unequivocally that the ADA “protects morbidly obese employees and applicants from being subjected to discrimination because of their obesity.” The EEOC attorney explained: “So … Continue reading EEOC Confirms: Morbid Obesity is a Disability under the ADA