Your SlideShare is downloading. ×
0
2009 Hot Legal Topics.Employment Law
2009 Hot Legal Topics.Employment Law
2009 Hot Legal Topics.Employment Law
2009 Hot Legal Topics.Employment Law
2009 Hot Legal Topics.Employment Law
2009 Hot Legal Topics.Employment Law
2009 Hot Legal Topics.Employment Law
2009 Hot Legal Topics.Employment Law
2009 Hot Legal Topics.Employment Law
2009 Hot Legal Topics.Employment Law
2009 Hot Legal Topics.Employment Law
2009 Hot Legal Topics.Employment Law
Upcoming SlideShare
Loading in...5
×

Thanks for flagging this SlideShare!

Oops! An error has occurred.

×
Saving this for later? Get the SlideShare app to save on your phone or tablet. Read anywhere, anytime – even offline.
Text the download link to your phone
Standard text messaging rates apply

2009 Hot Legal Topics.Employment Law

950

Published on

0 Comments
1 Like
Statistics
Notes
  • Be the first to comment

No Downloads
Views
Total Views
950
On Slideshare
0
From Embeds
0
Number of Embeds
0
Actions
Shares
0
Downloads
9
Comments
0
Likes
1
Embeds 0
No embeds

Report content
Flagged as inappropriate Flag as inappropriate
Flag as inappropriate

Select your reason for flagging this presentation as inappropriate.

Cancel
No notes for slide

Transcript

  • 1. EMPLOYMENT LAW UPDATE
  • 2. EMPLOYMENT LAW UPDATE
    • Items To Be Discussed:
      • Employment at Will
      • Nz.C. Trade Secret Act
      • Non-Compete/Non-Solicitation Law
      • Employment Policies-Electronic/Technology Usage
  • 3. EMPLOYMENT AT WILL
    • General Rule:
      • Absent an employment contract for a definite period of time, both employer and employee are generally free to end their employment relationship at any time and without reason.
  • 4. EMPLOYMENT AT WILL
    • Policy to Support the General Rule:
      • Freedom of contract
      • Employee cannot be forced to remain at a job
      • Employer should not be required to continue employment if no agreement
  • 5. EMPLOYMENT AT WILL
    • Public Policy Exception:
    • NC Courts have adopted a public policy exception to the employment at will rule to allow Employees to file suit for wrongful discharge if terminated by an employer
  • 6. EMPLOYMENT AT WILL
      • Examples of Public Policy Exceptions:
      • Sexual harassment
      • Termination of employee for refusing to work for less than minimum wage
      • Termination based upon race, religion, color, national origin or disability by employers that regularly employ 15 or more employees
      • Retaliation/discharge of employee for her testimony in an employment hearing against employer
  • 7. EMPLOYMENT AT WILL
    • Examples of Public Policy Exceptions NOT Allowed:
      • Discharge of flight engineer after he refused to fly a non-revenue flight back to NC because he was too tired
      • Discharge of employee because he associated with an out of favor member of the faculty
      • Discharge of employee for refusing to submit to random drug testing
  • 8. EMPLOYMENT AT WILL
      • State Statutory Exceptions (Employee Protected)
      • Filing worker’s compensation
      • Serving on jury
      • Filing OSHA complaint/testimony
      • Filing ESC proceeding
      • Filing complaint under State Wage and Hour Act
      • Is handicapped (15 or more employees)
      • Has AIDS virus or HIV infection
      • Participated in National Guard service
      • Participated in military service
  • 9. NON-COMPETE/NON-SOLICITATION
    • Generally are valid if meet five criteria:
      • In writing
      • Part of an employment contract
      • Valuable consideration
      • Reasonable to time and territory
      • Designed to protect legitimate business interest of employer
  • 10. N.C. TRADE SECRET ACT
    • Protection from: Misappropriation
    • Trade Secret Defined
    • Remedies
  • 11. EMPLOYMENT POLICIES
    • Use of electronic means owned by employer
    • No expectation of privacy
    • Cell phone usage while driving
    • Texting/emailing while driving
  • 12. THANK YOU! 1720 Hillsborough Street, Suite 200 | Raleigh, NC 27605 Tel: 919-510-8585 | Fax: 919-510-8570 1200 East Morehead Street • Suite 251 • Charlotte, NC 28204 Phone: 704-496-7495 • Facsimile: 704-496-7480 www.vannattorneys.com

×