Knowledge of the fiduciary exception and how it applies — or does not apply — to communications regarding employee benefit plan topics will assist counsel in making sure that their advice remains in the appropriate and intended hands.
What do you mean, we don’t have a non-compete? Protecting your company in the absence of written restrictive covenants
However, what if a search through the departing employee’s file reveals no written restrictive covenants? Can the company do anything to stop the employee from working for the competitor?
Even relatively isolated incidents of harassment can put employers at risk for hostile work environment claims when the encounters involve actions or epithets that are inherently demeaning and intolerable to a particular class of employees.
A pair of recent decisions from the United States District Court for the Eastern District of Virginia provide useful guidance regarding factors that can be considered in evaluating joint employer liability.