Employment Contract

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    Every state except Montana follows the basic premise that employees who don't have a written contract are "at will." That means you can fire them (and they can quit) for any reason or no reason, as long as it's not illegal. However, every state also recognizes at least one of the following exceptions to at-will employment.  Public...

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    The 3rd Circuit recently ruled that an employer's statements that its employees would remain employed if they did their jobs and stayed out of trouble didn't create an implied employment contract sufficient to overcome the presumption of at-will employment. Facts Karen McCrone, Daniel Arminio, Jose Hernandez, Emanuel Hodson, Denise Molineaux,...
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    Indiana courts have long viewed noncompete agreements with skepticism, but a recent decision from the Indiana Court of Appeals gives employers even more reason to exercise caution when relying on such agreements to restrict the activities of former employees. Noncompete agreements are commonly used by employers to protect confidential...
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    Employee leasing is a contractual arrangement between an employee leasing company and a client who manages and controls the work performed by the employees. A recent decision by the New Hampshire Department of Labor (NHDOL) discusses the division of employer responsibility between the employee leasing company and the client. Which company is...
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    In a long-running dispute between a group of New Hampshire-based drivers and FedEx Ground Packaging System, Inc., the federal trial court for the District of New Hampshire examined New Hampshire's statute regarding the reimbursement of employee expenses — RSA 275:57(I) — to see if the law would deliver a reimbursement recovery to the...
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    Tax preparers at H&R Block argued that because they had to undergo 24 hours of training to qualify for the job, they should have been paid for the training. Their collective action ended up before the U.S. 8th Circuit Court of Appeals (whose rulings apply to all South Dakota employers). The court carefully considered the matter and rejected...
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    The U.S. 8th Circuit Court of Appeals (whose rulings apply to all Arkansas employers) recently held that employees were not entitled to compensation for several hours spent completing rehire training certification. Facts H&R Block is a tax preparation service provider, and it employs tax professionals who are primarily responsible for...
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    Noncompete agreements are little more than a memory in several states, including California and Colorado. Legislative measures there have all but eradicated employment agreements that restrict an employee's ability to work for a competitor after leaving his job. These states view noncompetition agreements as unfair restrictions on trade that are...
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    Under the Fair Labor Standards Act (FLSA), employees are entitled to wages if they are required by their employer to participate in employment training. However, is the annual refresher training given to H&R Block tax preparers who have not yet been employed for the upcoming tax season compensable time? Read on to learn how the U.S. 8th...
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    Although the Kansas Legislature didn't pass any legislation that will significantly affect private employers in Kansas this year, lawmakers did pass two laws that will have an impact on employers and employees in the public sector. Read on to learn about new laws that eliminate due process for public schoolteachers and restrict municipalities'...
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