Employers faced with the prospect of union-organizing efforts often ask about the means unions may use to solicit the support of employees, as well as the employer’s right to limit those activities. During union...

Employers often assume that when an employee continues to be employed after the expiration of his or her employment agreement, the employee automatically becomes an employee at will, whose employment is terminable at any...

It is well known that the National Labor Relations Act (the “NLRA”) protects the right of employees to engage in union activity. The scope of the NLRA’s protection, however, is far broader; the statute makes...

In the April, 1994 issue of this Newsletter, we reported with skepticism on a novel decision of a federal court in Pennsylvania, in which an employer was found to have violated the Age Discrimination in Employment Act (the...

Employers sued for employment discrimination frequently seek to make use of evidence discovered subsequent to the plaintiff-employee’s termination, showing that the employee engaged in wrongdoing during his or her...

As reported in the October, 1992 issue of this Newsletter, an amendment to the New York Labor Law, which took effect on January 1, 1993, makes it unlawful for New York employers to take adverse employment actions against...

It is settled law under the National Labor Relations Act (“NLRA”) that an employer has the right to permanently replace “economic” strikers – employees who strike to support the union’s...

Title VII of the Civil Rights Act of 1964 provides that an employer may not retaliate against any of its “employees” or “applicants for employment” because they have filed a charge under Title VII,...

The Worker Adjustment and Retraining Notification Act (“WARN”) generally requires that an employer provide 60 days’ advance notice of a plant closing or mass layoff. 29 U.S.C. § 2101 et seq. (1988). The...

Negligent hiring occurs where an employer hires or retains an employee who is unfit for his or her position, with knowledge of the employee’s unfitness, and where an injury to a third party results. Under the related...