Discipline & Termination

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Catch ’em all!  Pokémon Go is a mobile game that uses “augmented” reality to create a virtual scavenger hunt.  In the quest to catch ’em all, over 15 million people have downloaded the Pokémon Go game since its recent release.  Employers have grappled with employees’ personal use of electronic devices during work hours since gaming…

President Obama signed the Defend Trade Secrets Act into law on Wednesday, adding another layer of protection for companies’ trade secrets and garnering near-unanimous support in Congress.  So what’s in this legislation that managed to bring the parties together, and more importantly, what does it mean for employers?  Here are 5 key takeaways from the DTSA.
Continue Reading The Defend Trade Secrets Act – Making a Federal Case of It

So you’ve determined the employees who will be included in the layoff and determined any WARN obligations . . . now what?  While its often brushed aside as an administrative exercise, employee final pay is a significant action that is full of traps for the unwary.  Governed by the Texas Payday Law, failure to properly provide final pay can subject a company to civil liability of up to $1,000 per violation, and, if intent is shown, criminal liability.  Fortunately, the Texas Payday Law provides guidance on how to handle a number of common questions regarding final paychecks.
Continue Reading Issuing Final Pay – RIF Series

Conducting a layoff can be a difficult and delicate process.  The first step in any layoff is to determine which employees will be terminated.  In the current business environment, the last thing any employer wants is an employee bringing suit!  So, how can employers start off on the right foot to avoid a lawsuit by a disgruntled former employee?
Continue Reading Selecting Which Employees to Lay Off at Home and Abroad – RIF Series