E. Jason Tremblay

Arnstein & Lehr Chicago Partner E. Jason Tremblay authored the article titled “How to get the most out of your final discussion with a departing employee,” which appeared in the March 5 edition of Inside Counsel.

In the article, Mr. Tremblay explains that exit interviews are generally the last opportunity the employer has to speak with the employee, so it serves as a great mechanism to discuss the reasons for the employee’s departure, as well as an opportunity to reinforce any expectations that the company may have regarding post-employment conduct of the employee. He offers 9 tips in handling an employee’s exit interview.

To read the article in full, please click here.

2012 Employment Law Toolkit for Illinois Employers

Arnstein & Lehr Chicago Partner Jason Tremblay’s recently published the 2012 edition of the handbook, Employment Law Toolkit for Illinois Employers, is now available. The handbook is a comprehensive resource highlighting the significant employment and labor issues facing Illinois employers. It provides practical and cost-effective advice on avoiding employment and labor-related liability and complying with state and federal laws facing employers.

To learn more about the 2012 Employment Law Toolkit for Illinois Employers and order your copy, please click here.

E. Jason Tremblay

Arnstein & Lehr Chicago Partner Jason Tremblay was interviewed in the article “Face Recognition Technology Might Get Employers in Trouble,” which appeared online in Society for Human Resource Management’s technology section on February 27. In the article, Mr. Tremblay discusses the broad implications and uses of facial-recognition software in the workplace for the hiring process. He offers cautions for companies bent on using the technology for broader purposes.

To read the article in its entirety, please click here.

E. Jason Tremblay

Arnstein & Lehr Chicago Partner Jason Tremblay authored the article titled “How to avoid defamation and reverse discrimination claims when investigating harassment,” which appeared in the February 22 edition of Inside Counsel. In the article, Mr. Tremblay explains that an employer must conduct its investigation in the most confidential manner possible and be extremely careful about how it characterizes the harassing employee to reduce their potential liability. Also, an employer’s disciplinary measures of its harassing employee should always be uniformly administered and readily justifiable.

To read the article in full, please click here.

E. Jason Tremblay

Arnstein & Lehr Chicago Partner Jason Tremblay will speak at the “Employment Law for Businesses” seminars co-hosted by Arnstein & Lehr. The 4-part seminar series covers topics on  employment laws, pitfalls facing employers and easy steps to reduce liability and protect your business. The seminars will take place in Arnstein & Lehr’s Chicago office and by teleconference in March, April, June and July. The first seminar will be March 14 and is titled “Independent Contractor v. Employee: Why it matters and what you can do about it.”

To find out more information about the seminars, please click here.

E. Jason Tremblay

Arnstein & Lehr Chicago Partner Jason Tremblay authored the article titled “How to properly handle references for terminated employees,” which appeared in the February 6 edition of Inside Counsel. Mr. Tremblay’s article focuses on the complications that may arise when a company gives a reference for a terminated employee. He indicates there is a fine line between disclosing too much information and not disclosing enough. Mr. Tremblay also shares some examples of references and possibilities to consider when creating a policy on handling references.

To read the article in full, please click here.

E. Jason Tremblay

Arnstein & Lehr Partner E. Jason Tremblay authored the article, “5 ways to protect your company when a key employee departs,” which appeared in the January 23 edition of Inside Counsel. In the article, he stresses the importance for all companies to know what steps to take when an employee decides to leave, especially in circumstances where he or she leaves to work for a competitor.

Mr. Tremblay’s article appearing in Inside Counsel:

5 ways to protect your company when a key employee departs
In this competitive business world, it’s crucial to properly handle an employee’s departure, especially to a competitor

Employees frequently resign to work for competitors. This is likely to happen irrespective of whether they have signed a restrictive covenant. Therefore, in this competitive business world, it is important for all companies to know what steps to take when an employee decides to leave, especially in circumstances where he or she leaves to work for a competitor.

1. Prevent further access to company information
   Once an employee advises the company of their departure, it is critical to assume the worse and that the employee may engage in conduct that is harmful to the company. After all, there is a reason why he or she is leaving the company. The employee should be immediately relieved of any duties that would expose the employee to confidential information or the company’s customers. Passwords and email accounts should be disabled. The employee should be restricted from access to areas where confidential information is kept. The company also should request that the employee return all company-owned equipment such as laptops, cell phones or PDAs that would contain confidential business information, as well as all documents received from or generated during his or her employment.

To read the article in full, including all five steps, please click here.

E. Jason Tremblay

Arnstein & Lehr Partner E. Jason Tremblay authored the article, “7 ways to protect your company when hiring from a competitor,” which appeared in the January 9 edition of Inside Counsel. In the article Mr. Tremblay recommends, when hiring a competitor’s employee, that a company should take certain steps to reduce the likelihood of being sued. He offers seven tips for the hiring process and how to behave once they start working.

Mr. Tremblay’s article appearing in Inside Counsel:

7 ways to protect your company when hiring from a competitor
Tips for the hiring process and how to behave once they start working for you

1. Investigate the employee’s employment background
   At the outset, it is advisable to determine whether there is any restrictive covenant limiting the employee’s employment rights. If so, it is prudent to discuss this fact with the prospective employee, obtain a copy of the covenant, determine whether the covenant is enforceable and evaluate whether the company should still hire the prospective employee.
2. Ensure that interviews are carefully conducted
   The company should make clear to the prospective employee that it is not interested in the competitor’s trade secrets and will honor valid restrictive covenants. An employer also should not review or accept any of the competitor’s documents that could be considered confidential and that the prospective employee may want to share with the company. Consider such documents “Exhibit A” in any lawsuit filed against the company by the competitor.

To continue reading the article, please click here.

E. Jason Tremblay

As it appeared in Inside Counsel

Orientation programs help to maximize employees’ commitment to the company.

To the extent you believe there is any relationship between an employee’s commitment to the company and the company’s performance, a new employee orientation program is an excellent first step in maximizing that correlation and getting the most from your employees.

Generally, and particularly in this competitive work environment, many employers feel that they do not have time to properly orientate new employees. And, if they do have the time, they feel as if the costs of such a program are outweighed by the possible benefits.

However, this sends a bad message to the employee from day one. An orientation program can communicate to new employees the values, beliefs, culture and history of the company, all of which can foster the desire for new employees to be committed to the company and its operations.

To read further about developing formal orientation programs for new employees,  please click here.

E. Jason Tremblay

Arnstein & Lehr Partner E. Jason Tremblay was interviewed and quoted in a December 8 online article in Human Resources Executive titled “When HR Sues.” The article discusses litigation by HR professionals and the problems companies face when HR is involved in litigation. In the article, Mr. Tremblay offers several tips for staying out of court when it comes to HR professionals or any other employee.

To view the article in full, please click here.