Massachusetts Employer Alert: Termination For Submitting Personnel File Rebuttal Violates Public Policy

In December, the Massachusetts Supreme Judicial Court held in Meehan v. Medical Information Technology, Inc. that the termination of an employee for submitting a rebuttal for inclusion in the employee’s personnel file violated public policy and amounted to wrongful discharge.

Pursuant to M.G.L. ch. 149, § 52C, Massachusetts employees have a statutory right to submit a rebuttal to any record contained within the personnel file with which he or she disagrees. The statute provides for […]

By | January 4th, 2022 ||

California Imposes New Restrictions On Employee Settlement And Nondisparagement Agreements Effective Jan. 1, 2022

In October, California Gov. Gavin Newsom signed into law SB 331, the “Silenced No More Act” which, in part, broadly prohibits – and voids – certain nondisclosure clauses in employee settlement agreements. SB 331 becomes effective on Jan. 1, 2022, and amends and expands SB 820, also known as the California Stand Together Against Non-Disclosures (STAND) Act.

Specifically, SB 331 imposes additional limitations and requirements on employers with respect to (1) the use of nondisclosure clauses […]

By | December 17th, 2021 ||

A Spin On Things: Pending Legislation Seeks To Render Restrictive Covenants Unenforceable If An Employer Takes Action Under Mandatory Vaccine Policies

Pending legislation on both the federal and state level attempts to restrict employers’ ability to enforce restrictive covenants if they choose to mandate vaccinations and make employment decisions based on those policies, regardless of whether that policy or decision is mandated by federal law.

The Employment Freedom for All Act (H.R. 5851), sponsored by nine House members and introduced on November 3, 2021, seeks to “void existing non-compete agreements for any employee who is fired […]

By | December 14th, 2021 ||