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Three individuals entered into a covenant not to compete with a tax preparation franchisor, and promised not to compete within 25 miles of the franchisor’s business, for a period of two-years after termination.  Despite the fact that the contract was terminated in  August 2010, a recent case extended the covenant not to compete (commonly referred to as a “non-compete”) until November 2, 2013, which is over three years after the contract’s termination.  How can this…

Federal courts have applied a “demanding standard” in construing whether a particular impairment is recognized as a disability under the Americans with Disabilities Act.  Plaintiffs who seek to show that they experienced an adverse action, such as termination, as the result of their impairment must show that the impairment prevents or severely restricts the individual from doing activities that are of central importance to most people’s daily lives. Enterprising plaintiff’s attorneys are continuously seeking to

A recent Virginia federal court decision gives employers greater guidance in dealing with employee attendance issues relating to childcare responsibilities.  In Nathan v. Takeda Pharmaceuticals America, Inc. (No. 1:11-cv-1360), the Court recently dismissed a male employee’s discrimination and retaliation claims against his employer claiming that it unfairly disciplined him because he had to take his child to school every morning.  Among other things, the employee claimed that the employer treated male employees differently than female

In a recent Maryland Federal Court decision, the Court ruled that the seller of two radio stations could enforce the buyer’s guaranty to employ and pay salaries to the seller’s owners, even though the seller was not a party to the employment agreements. In the case of Manning Broadcasting Inc. v. Mercatanti, Jr., Manning Broadcasting, Inc. (“Manning Co.”) agreed to sell its two radio stations in Hagerstown, Maryland to Nassau Broadcasting I, LLC and Nassau

Unlawful discrimination claims have a “burden-shifting” framework that can make employers verify the legitimacy of their adverse employment decisions.  To reduce the risks associated with such claims, employers should make sure that an employee’s file is well-papered with nondiscriminatory reasons supporting any adverse action.  If done properly, careful documentation can help employers maximize their chances of success in defending against meritless unlawful discrimination claims. The recent case of Hickman v. Kucharski illustrates the fate of