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Yes, most job offers can be rescinded, even if the applicant has made preparations for the new job such as quitting current employment and even relocating to be near the new employer.  One example of this recently played out on social media after a job applicant disparaged her new job in colorful language on Twitter, resulting in immediate revocation of her offer of employment.  Some exceptions exist based on the type of employment offered, the…

Traditionally the answer to this question has been “no” unless the chain participated in the practice.  (Hence one reason for a business to operate as a franchisor)  However, recent charges by the National Labor Relations Board against McDonald’s USA, LLC, suggest that chains should expect increasing efforts to impose broader penalties for the acts of their franchisees. Franchise arrangements typically involve a franchisor corporation owning trademarks and other intellectual property for a retail business and

A set of recent decisions by the Maryland Federal Court show when a non-compete lawsuit can be pursued past an initial motion to dismiss.  In Telogis, Inc. v. InSight Mobile Data, Inc., et al. (D. Md. Dec. 19, 2014), the plaintiff Telogis alleged that a former employee competed and solicited clients in violation of his non-compete, and hired other former employees in violation of their non-competes.  Prior to their departure, Telogis was purchasing the company that the

For most for-profit companies, the answer is generally “no.”  In 2010 guidance, the Department of Labor asserted that most such interns are actually employees who should be paid wages.  Since then, unpaid interns have sued several large employers, including NBC Universal Media Inc., Viacom Inc., Sony Corp., and Donna Karan International, Inc., under the Fair Labor Standards Act (FLSA).  In these lawsuits, the interns have claimed that they were actually employees but did not receive the required

The Fourth Circuit recently recognized that an employer’s failure to post the required notice of rights under the Fair Labor Standards Act (FLSA) can extend (or “toll”) an aggrieved employee’s statute of limitations. The case involves an individual from the Philippines, Christina Cruz, who came to the United States to work as a domestic employee for defendants from 2002 until 2008.   She alleges that she worked seven days a week for 18 hours per day,