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Employment Litigation Archives

Is it legal to advertise for a job that’s already been filled?

In a previous post, we discussed the growing trend of job interview fraud—the dishonest practice of holding online interviews for jobs that don’t exist. In today’s post, we examine the phenomenon of fake job postings.

Is it worth it to sue over unfair wages?

Being in an oppressive work environment is similar to being in any kind of abusive relationship—it can be emotionally devastating. When you’re treated poorly, you can be made to feel like you deserve such treatment—and that you have no course of action against it.

How to reclaim power in forced employer arbitration

We’ve discussed in previous posts some of the pitfalls of mandatory arbitration clauses in employment contracts—which often benefit the employer over the employee. If you’re offered a job and your new employer requires you to sign such an agreement, you may assume you have no option other than to blindly agree. After all, you might expect that refusing to sign means you’ll lose the job offer.

How employment-based arbitration contracts can hurt employees

In last week’s post, we discussed a U.S. Supreme Court decision that allows employers to ban employees from filing class action lawsuits—forcing them to instead pursue arbitration to resolve employment-based disputes. In this article, we examine how arbitration can disadvantage the employee.

SCOTUS delivers discouraging news for mistreated employees

It has become increasingly common in recent years for employers to require their employees to sign an arbitration agreement when they start working at a company. Under this agreement, employees waive their rights to sue in the event that the employer behaves improperly. Instead, employees must pursue legal action through arbitration.

Core considerations in hiring an employment lawyer

Chances are, if you’re looking into hiring an employment lawyer, it’s your first time. Most people don’t experience employment-related disputes regularly, so when they encounter the need for employment counsel, the legal process is unfamiliar.

How to avoid legal trouble when providing an employee reference

As an employer, providing a work reference for a past employee can be tricky. It’s your job to make sure the information you’re providing gets into the right hands. In addition, if you provide a less than stellar review of the employee’s work, you could put yourself at risk of a lawsuit. Your former employee could sue you for libel or slander, or a prospective employer could sue you for a negligent referral.

Can you get fired for talking or tweeting about the wrong things?

There is certain information that your employer may not want you to share publicly. Perhaps you signed a confidentiality agreement when you first started working, promising not to share information about the company’s clients with a third party. If you broke this agreement, you would be in violation of your employer’s policy and could face disciplinary action.

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