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

Mark A. Spognardi

Arnstein & Lehr Partner Mark Spognardi recently wrote the article, “Employers’ Summer of Disconnect: Obama Labor Board pushes anti-employer agenda,” which appeared in the September 20 issue of the Westlaw Journal. In the article Mr. Spognardi discusses how the National Labor Relations Board (NLRB) has had a busy summer proposing and implementing rules and issuing decisions designed to promote the unionization of America’s workforce.

In the article, Mr. Spognardi states that the board has issued a final regulatory rule requiring employers to notify employees of their rights under the National Labor Relations Act. He comments that the Obama NLRB has been “delivering victories to organized labor at a time when the public sentiment toward unions has become, at best, distrustful and at worst, disdainful.”

To read further about the NLRB’s recent rules, proposals and decisions please click here.

Paul E. Starkman

Arnstein & Lehr Chicago Partner Paul Starkman‘s article “Labor: U.S. Supreme Court Expands Employer Liability in Recent Decisions,” appeared in the April 18 edition of InsideCounsel. The article addresses two recent decisions by the Supreme Court (Staub v. Proctor Hospital and Kasten v. Saint-Gobain Performance Plastics Corp.) that expanded employer liability for workplace discrimination and retaliation against employees.

InsideCounsel is a monthly magazine exclusively serving general counsel and other top in-house legal professionals. Formerly known as Corporate Legal Times, InsideCounsel is the oldest monthly magazine published specifically for in-house counsel.

To read Mr. Starkman’s article in full, please click here.

Thomas M. White

Arnstein & Lehr Chicago Partner Thomas White‘s article “Annuities in 401(k) Plans: What a Plan Sponsor Should Keep in Mind” was published in the May issue of Benefits Magazine. Benefits Magazine is a monthly magazine of the International Foundation, a nonprofit, impartial educational association for those who work with employee benefit and compensation plans. The magazine addresses benefit issues affecting multiemployer, single employer and public employee plan representatives. Health care, retirement and other related trends are addressed. Redesigned to capture more cases studies and profiles of those shaping the industry, it also includes Legal & Legislative Reporter.

To read a PDF version of the complete article, please click here.

Thomas M. White

This article was written by Arnstein & Lehr Partner and Labor & Employment Practice Group member Thomas M. White. It discusses The Uniformed Services Employment and Reemployment Rights Act (“USERRA”) and waivers of employees’ claims. USERRA is a broad federal statute that protects the employment rights of certain individuals who engage in military service.

To download the full article and learn more about USERRA and the related Wysocki v. IBM case, please click here.