You don’t have a copy of your noncompete and can’t figure out how to get one without asking management, who would definitely penalize you just for asking. You want to leave but the only option you think you have would
Donna M. Ballman, P.A. Blogs
Latest from Donna M. Ballman, P.A.
What Can I Do If I Lost A Job Due To A Background Check?
If your employer or potential employer is going to run a credit check, then they must comply with the Fair Credit Reporting Act. This requirement covers anything the employer is getting from a consumer reporting agency that covers personal
How Do I Prove Sexual Harassment?
In my 36 years of experience representing employees I’ve found that retaliation seems to be the norm rather than the exception when it comes to sexual harassment. Women (and men) are justifiably afraid to report sexual harassment. Still, sexual harassment
NLRB Makes Employers Liable For Damages For Direct and Foreseeable Harms
The National Labor Relations Board (NLRB) recently ruled that employers are liable for compensatory damages in unfair labor practices case. This means employers are now liable for direct and foreseeable harms if they break the law. Previously, employees could only
Nondisparagement and Confidentiality Clauses In Severance Agreements Violate NLRA
Just about every single severance agreement I’ve ever seen in 36 years of law practice have two standard clauses: the former employee cannot disparage the former employer, meaning they can’t say anything negative about the company or its employees and
NLRB Proposed Joint Employer Rule Would Help Workers
Last year, the National Labor Relations Board proposed a new rule that would change how it decides who is an employer. Under the proposed rule announced September 6, 2022, two or more employers would be considered joint employers if
SNL’s "It’s Pat" Shows How Easy It Is To Respect Nonbinary Coworkers
With all the anti-trans stuff coming out of the GOP, and especially Florida, I started thinking about an old Saturday Night live sketch, “It’s Pat.” And when I first thought about it, I thought it might be considered offensive to
FTC Proposes Ban On Noncompete Agreements
The Federal Trade Commission is proposing a complete ban on agreements banning former employees and independent contractors from going to work for competitors. Per the FTC:FTC’s proposed rule would generally prohibit employers from using noncompete clauses. Specifically, the FTC’s new
How Did I Do On 2022 Predictions? Call Me Cassandra
I made some predictions last year about what to expect in 2022. How did I do? Pretty darned well. Here is the breakdown.1. More pro-employee NLRB: I predicted we’d see NLRB cracking down on employer retaliation and union busting
Quiet Quitting: New Anti-Employee Term For Wanting To Have A Life
There’s a new term getting flung around by management types: quiet quitting. It’s when employees actually want to do their job as described for the hours they were told the job would take (and for which they are being paid).