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Employee Handbook Alert: Seemingly Neutral Work Rule May Violate NLRA

The National Labor Relations Act (“NLRA”) gives private-sector employees the unqualified right to engage in “protected concerted activity” which includes discussing among themselves such things as wages, hours and other terms and conditions of employment.  An employer cannot promulgate a work rule that tends reasonably to chill employees’ exercise of that statutory right. Karl Knauz Motors, Inc. owned and operated a BMW dealership.  Its employee handbook contained the following (apparently common sense) rule: (b) Courtesy: Courtesy is the responsibility of every employee.  Everyone is expected to be courteous, polite, and friendly to our customers, vendors and suppliers, as well as to their fellow employees.  No one should be disrespectful or use profanity or any other language which injures the image or reputation of the Dealership.

Court Denies Enforcement Due to Inconsistencies & Absence of Valid Contract

Luongo Construction & Development, LLC v. Keim, 2008 Conn. Super. LEXIS 1182

Preemptive Effect of LMRA Extends to Suits Alleging Liability in Tort

Preemptive Effect of LMRA Extends to Suits Alleging Liability in Tort

Court Invalidates Non-Compete Agreement for Excessive Restraint of Trade

CT Cellar Doors, LLC v. Palamar, 2010 Conn. Super. LEXIS 3247

Firing to Prevent Pension Vesting, Without More, Does Not Violate ADEA

In this economy, companies are terminating employees in an effort to increase share value or simply improve the bottom line.  Often it is the older, more senior, and more costly employees that are the first to go.  The question sometimes arises: “Can my employer fire me to prevent my pension from vesting (thereby saving itself money) without violating the Age Discrimination in Employment Act?”  The short and surprising answer is “yes,” assuming the absence of other critical allegations necessary to sustain an ADEA claim.

Court Grants Motion for Transfer to California District Court in Non-Compete Agreement Dispute

United Rentals, Inc. v. Pruett, 296 F. Supp.2d 220

Real Estate Fraud Statute of Limitations In California

Learn about the real estate fraud statute of limitations in California and understand how it impacts real estate transactions.

Amusement Parks in California - A Legal Perspective

Stay safe at amusement parks in California - learn about the legal landscape and your rights after an accident.

The Most Common Personal Injury Cases in California

Learn about the most common personal injury cases in California and know what to do if you find yourself in such a situation.

Implied Duty to Not Disclose Accounts and Trade Secrets and Exceptions to the Rule

Booth Waltz Enterprises v. Kimlingen, 2004 Conn. Super. LEXIS 2682

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