In a case of first impression for the appellate courts of this Commonwealth, the Pennsylvania Superior Court recently ruled in Socko v. Mid-Atlantic Systems of CPA, Inc. that language contained in an employment agreement entered into after commencement of employment, which indicated the parties’ “intent to be legally bound” was insufficient consideration to support a non-compete agreement.
Continue Reading Employers Must Provide “Valuable Consideration” To Current Employees When Entering A Non-Compete Agreement During Employment
Be Clear: Include Class Arbitration Waivers in Arbitration Clauses
The Supreme Court of the United States continued its hot streak in the arbitration and class action waiver arena with two recent decisions. These decisions are important for employers because they may offer employers a way control expenses related to dispute resolution with employees. Because those expenses can be so high, many employers are considering implementing employment arbitration agreements, consistent with the direction provided by the Court.
Continue Reading Be Clear: Include Class Arbitration Waivers in Arbitration Clauses
Unemployment Compensation: Case Update
Should an employee who agrees to resign her employment as part of the settlement of her workers’ compensation claim be eligible to receive unemployment compensation benefits? According to a recent decision from the Commonwealth Court of Pennsylvania, the answer to this question is a firm “no.”
An employee who voluntarily quits her employment will not be
REMINDER: Severance Pay Offset to Unemployment Compensation Benefits Takes Effect January 1, 2012 In Pennsylvania
As a reminder, amendments to the Pennsylvania Unemployment Compensation Law that provide for severance pay offsets against unemployment compensation benefits take effect January 1, 2012. We discussed in a prior post the amendments’ definition of “severance pay” and how the severance pay offset will be calculated.
Please note that severance agreements reached between an employer and employee in 2011 should not impact the employee’s unemployment compensation benefits, even if the severance pay continues into 2012. The offset will apply, however, to agreements reached on or after January 1, 2012.
Continue Reading REMINDER: Severance Pay Offset to Unemployment Compensation Benefits Takes Effect January 1, 2012 In Pennsylvania
Obama Executive Order promotes use of Union Contractors
Executive Order 13502 is the first step to funneling a significant portion of the $787 billion in Stimulus Bill money to union workers. Executive Order 13502 promotes the use of Project Labor Agreements in large scale construction projects where the total cost to the federal government exceeds $25 million. Bush Administration Executive Orders prohibiting the use of