Tag Archives: Pennsylvania

A Recipe for Burrito Disaster: Twitter and the NLRA

In Havertown, Pennsylvania, Chipotle recently had some negative publicity and, for once, E. coli was not the culprit. Instead, James Kennedy, a 38-year-old war veteran, was terminated from Chipotle, after criticizing the company on Twitter and for circulating a petition in store regarding scheduled breaks. Kennedy sued, alleging that his termination violated the NLRA. One of Kennedy’s tweets contained a news article regarding hourly workers having to work on snow days while other workers were off. The tweet referenced Chipotle’s communications director, asking, “Snow day for ‘top performers’ Chris Arnold?” Another tweet involved a reply to a customer who tweeted …

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Don’t Turn Unemployment Compensation Into Unemployment Complication

Unemployment comp.  Not the sexiest of topics.  But I get a lot of questions from employers on the issue, the appropriate resolution of which would spare me a lot of stress when a termination-related case lands on my desk.  (After all, this is all about me, right?) The proper handling of unemployment compensation claims also might save an employer – and its EPLI carrier – a fair bit of moolah if the termination ends up the subject of litigation.  So, even if you don’t care about my well-being, you’ll still want to read on. Should Employers Appeal UC Decisions? First, …

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Prepare to Consider Your Former Employees Your New Competition

There’s nothing that gets employers more fired up than a former employee jumping ship to join a competitor. But, in an effort to prevent such future angst, you’ve had your employees sign a non-compete. You’re golden, right? Perhaps not. When an employer has a non-compete in hand, it can mistakenly think it is fully protected from post-employment competition. Such a mistake can be costly. First, you may have to litigate the enforceability of the agreement. Then, you stand to lose a bunch of business when it turns out the agreement is worth less than the piece of paper it’s typed …

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