Here’s Why The National Labor Relations Board Get May Interested In Non-Union Twitter’s Layoffs

Sections 8(a)(1) and 8(a)(3) of the National Labor Relations Act (the Act) protect employees from retaliation for concerted protected activity. Protected concerted activity generally involves two or more employees discussing working conditions like pay, benefits, etc.

One of the employees who lost his job at Twitter this month – a plaintiff in the WARN lawsuit we discussed yesterday – claims that his protected concerted activity motivated the company to end his employment.

Specifically, he alleges that he became concerned that he […]

By | November 14th, 2022 ||

Restrictive Covenant In The Sale Of A Business Subject To Unprecedented Scrutiny

In Kodiak Building Partners, LLC v. Adams (“Kodiak”), C.A. No. 2022-0311-MTZ, the Delaware Court of Chancery recently found the restrictive covenants imposed on a stockholder in a business acquisition were overbroad and therefore unenforceable. Historically, Delaware (and most) courts routinely uphold even aggressive non-compete agreements in connection with the sale of a business. However, this decision – an unprecedented departure from this practice – is consistent with the near-national trend to strictly scrutinize restrictive covenants, enforcing only those narrowly […]

By | November 12th, 2022 ||

Does The ADA Force Employers To Allow Employees With Medical Restrictions To Overrule Their Doctors?

If you’re in Human Resources, you’ve probably dealt with this issue before.

An employee with a disability submits a doctor’s note expressly instructing the employee to avoid performing certain essential functions of their job. But the employee tells you that they can do those tasks anyway, if truly necessary.

Does the Americans with Disabilities Act require the employer to take the employee’s word over their doctor?

According to this recent Seventh Circuit decision, the answer is no.

In the […]

By | November 11th, 2022 ||