Category Business Law

The Problem with At-Will Firing and Wearing the Color Orange

In the United States, employees without a written employment contract can be fired for good cause, bad cause, or no cause at all. Florida, like many other states, is an at-will state. This means the employer can terminate the relationship at any time, leaving the employee with very limited legal rights to fight against termination. […]

DC Whistleblower Case May Come To an End After a Decade

Recently the District of Columbia asked a Washington federal court to grant summary judgment in its favor in a False Claims Act lawsuit that was brought nearly a decade ago by Theresa Weston Saunders, a former employee in its Office of the Chief Technology Officer.  According to the motion, Saunders failed to show how the […]

Significance of the New Fee Disclosure Rules for 401(k) Plans

In February 2012, the Department of Labor at last published a final rule concerning the disclosures that need to be made by those who provided services to ERISA plans pursuant to ERISA section 408(b)(2).  This final rule will become effective July 1, 2012: once “reasonable” contracts will become prohibited transactions thereby creating potentially significant excise […]

T-Mobile Closes 12 US Call Centers, Cut 3,300 Positions Despite Subsidies

On Thursday, March 22, T-Mobile USA announced that it would be closing 12 of its 24 U.S based call centers in an effort to reduce costs.  These call centers are located in Pennsylvania, Florida, Texas, Kansas, Colorado, and Oregon.  T-Mobile has been struggling to keep pace with its competitors, as they have continued to lose […]

Employer, Employee Disputes Over Social Networking Site Use

Social media like Facebook and Twitter have added yet another dynamic to the employer-employee relationship. Many businesses and even non-profit organizations encourage, if not require, their employees to use social media to promote the interests of the business or organization. For example, news agencies like CNN have incorporated social media components to their shows and […]

Is a Robin Hood Tax What We Need?

The Robin Hood tax, a financial speculation tax, may be the answer to the 99 percent concerns. If Congress were to pass this tax, it would supposedly raise more than $350 billion between January 2013 and 2021 and would reach the Super Committee’s budget deficit goal in savings of $1.3 trillion, as well as enable […]

California Court of Appeals holds that Employer’s are not Required to Pay Attorney’s Fees in Suits Initiated Against Employees

On October 12, 2011, the California Court of Appeals held in Nicholas Laboratories v. Chen that  employers who lose suits they initiated against an employee related to the employee’s official duties, are not required to pay the employee’s attorney fees pursuant to California Labor Code §2802(a).  The Court also held that California Corporations Code §317(d) […]