In August of 2011, the National Labor Relations Board issued its controversial decision in Specialty Healthcare and Rehabilitation Center of Mobile, 356 NLRB 56 (Aug. 26, 2011), overruling 20 years of Board precedent and imposing a new approach for determining what constitutes an appropriate bargaining unit in non-acute health care facilities. There, the Board announced that it would apply the “community of interest” test to non-acute care settings, such as nursing homes.
A federal jury recently awarded a former Seagate Technology engineer $1.9 million on his claim that he
was wrongfully “hired” by the company.
The case, Vaidyanathan v. Seagate U.S. LLC, No. CV-09-1212 (D. Minn. Nov. 19, 2010), highlights two
valuable considerations for employers:
It's not just London that is suffering from unrest these days -- there is reason to believe that American workplaces are far from heaven, too, even for those who are still fortunate enough to be employed.
The Wall Street Journal recently reported that approximately 75 percent of departing employees would not recommend their former employers to others looking for a job, almost a 100 percent increase over the "disgruntlement index" from 2008.
Just as road rage afflicts our nation’s highways, rudeness and bullying are now taking their toll on our nation’s workplace. A variety of factors may be causing the increase of workplace bullying.
Some companies face tightening budgets, layoffs and competition between full-time employees and nearly permanent part-time and contract workers, creating tension in the workplace.
Non-compete and trade secret litigation inherently involves disclosure of confidential information. Plaintiffs argue that defendants took or used the plaintiff’s confidential information, and they often want the defendants to turn over their files for review. Defendants often complain that the plaintiffs are engaged in a fishing expedition or that they are entitled to review the plaintiff’s files in order to pressure test the trade secret claims.