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Employment Law Blog

While COVID-Related Employment Claims Are on the Rise, Courts May Be Hesitant to Enforce Restrictive Covenants

While COVID-Related Employment Claims Are on the Rise, Courts May Be Hesitant to Enforce Restrictive Covenants

In recent years, many companies have asked new and continuing employees at all levels to sign non-compete, non-solicitation, and non-recruitment agreements. Sometimes, these restrictive covenants are part of a carefully negotiated employment agreement for an employee managing sensitive or valuable projects. Often, however, these agreements are boilerplate clauses tucked into hiring documents that a new employee may not understand (or even read).

When a worker is subject to restrictive covenants and tries to leave employment and get another job in their field, they may find themselves defending against threats of legal action by their former employer. Workers who are laid off indefinitely or terminated due to the COVID-19 coronavirus may be unpleasantly surprised to find their previous employer attempting to enforce restrictive covenants and prevent them from working for competitors, or worse, a wider range of companies.

NYC Expands Worker Protections Under Its “Ban the Box” Ordinance

NYC Expands Worker Protections Under Its “Ban the Box” Ordinance

In New York City and elsewhere in the country in recent years, job applicants and employees have obtained increased protections from employment discrimination based on criminal history. “Ban the box” laws and ordinances, including New York City’s Fair Chance Act (FCA), provide opportunities for tens of thousands of workers, under the idea that past transgressions should not render a person ineligble for all employment. As New York City explains, “there is no greater danger to the health, morals, safety and welfare of the city and its inhabitants than the existence of groups prejudiced against one another and antagonistic to each other because of their actual or perceived differences, including those based on . . . conviction or arrest record.” 

Kathleen Peratis Reflects on Ruth Bader Ginsburg, Gender Equality Advocate

Kathleen Peratis Reflects on Ruth Bader Ginsburg, Gender Equality Advocate

The entire Outten & Golden family was saddened to hear about the death of U.S. Supreme Court Justice Ruth Bader Ginsburg, but no one more than our partner Kathleen Peratis, a close friend of Justice Ginsburg.

Kathleen served as the director of the ACLU Women’s Rights Project from 1975 to 1979, during which she fought alongside Ginsburg on the gender discrimination cases the ACLU took to the Court. Of the six appeals Ginsburg argued before “the brethren,” she won five.

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