The Employer's Lawyer

Hiring and Recruitment

Why Not Move Away From Geographic Limits in Non-Competes?

If your employees have access to sensitive or confidential information, it’s likely you required your employees to sign non-competition agreements. Pennsylvania courts don’t look favorably on non-competes and, as a result, they have placed certain limitations on the ways employers can limit their former employees. In the words of Pennsylvania courts, a non-compete must be…

Asking for Trouble

Hiring a new employee is full of decisions with legal significance, like whether or not to conduct a background check or whether to review the applicant’s social media pages. While these are certainly important issues, it is also important to consider the questions you may or may not ask during the interview process. It is…

EEOC Offers Guidance on Using Arrests and Convictions in the Hiring Process

The EEOC voted 4-1 to release enforcement guidance regarding the use of arrest and conviction records in the hiring process. With the easy availability of criminal records today, and a population who is increasingly coming into contact with the criminal justice system, particularly African-American and Hispanic men, the EEOC determined that updated guidance was needed.…

To Handbook or Not to Handbook

Terrible Shakespeare paraphrasing aside, the question of whether or not an employee handbook is necessary has been discussed, sometimes heatedly, on a number of occasions. It is easy to see why the employee handbook is ostracized, many are long, boring, heavy and complicated, to the point where an employee needs to hire his or her…

Got Trade Secrets?

Whether you realize it or not, there’s a good chance that your business has trade secrets that are protected under the law. The Uniform Trade Secrets Act, adopted by the majority of states, defines a trade secret as information, including a formula, drawing, pattern, compilation including customer list, program, device, method, technique or process which…

Background Checks Aren’t for Everyone

Employers routinely use background checks when hiring new employees, without considering the consequences of using them on every applicant. The EEOC’s current standing policy provides that criminal background checks should be limited to only those positions where such information is “job-related and of business necessity,” and should only seek information about convictions, not arrests. The…

The Cost of Curiosity

In a growing trend, employers are asking job applicants and employees to provide login information to their Facebook pages and other social networking accounts. Many are questioning the propriety of asking for login information, particularly because an applicant or employee may believe refusing will cost them a job. However, even reviewing social media profiles, or utilizing…