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Showing posts with the label legal counsel

What Employers Should Do in the First 48 Hours After a Key Employee Resigns

Often, in the first 48 hours after a key employee resigns, the employer must decide whether to address the departure as a manageable issue or escalate it into a legal or business dispute. While many resignations might appear routine on the surface, issues involving confidential information, customer relationships, and post-employment obligations frequently emerge after the employee has left . For employers, early action is less about assuming misconduct and more about preserving options . Delays, inconsistent responses, or poorly documented decisions often weaken a company’s ability to protect its interests if problems arise later. Why the first 48 hours matter The period immediately following a key employee’s resignation is critical because certain damage cannot be undone once it occurs. If confidential information is disclosed or customers are improperly solicited, the harm may already be done, and as a practical matter, it is very difficult for employers to reverse the damaging eff...

What Employers Can – and Can’t – Do About Employee Speech in a Volatile Climate

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As employee expression spills into every corner of the modern workplace, employers are trying to figure out the best way to respond to all sorts of activity. From off-hours protests to heated workplace debates and viral social media posts, the question for us isn’t just whether speech is free – but whether it’s job-protected. With laws, rights, and risks swirling around every conversation, T-shirt, post, and “like,” it’s time for a clear-eyed guide. Here’s what your business needs to know about navigating employee speech in various scenarios, both on and off the clock. Scenario 1: An Off-Duty Rant Goes Viral An employee posts a politically charged rant on their personal social media account over the weekend. It’s not about work, but it causes public backlash. Legal Analysis: Private-sector employers are not bound by the First Amendment’s free speech protections, which only restrict government action. That said, employers may not be able to discipline off-duty speech with total impunit...