Employer Law Blog

In settling an existing charge of discrimination, administrative complaint or lawsuit, employers, upon advice of counsel, routinely obtain a release of all claims from the employee. This includes releasing any claims already asserted and any other potential claims the employee could assert in the future. Employers also utilize severance agreements as a means of minimizing litigation by obtaining a release of all claims from a departing employee when offering severance to the employee.

The National Labor Relations Board (“NLRB”) started 2014 by capitulating on its efforts to force employers to post a notice at work which advised employees how they could form a union in order to collectively bargain. The NLRB announced this mandatory posting rule in August 2011, which would have required all private sector employers, whether unionized or not, to conspicuously post an 11x17 notice at work that outlined a number of employee rights under the National Labor Relations Act (“NLRA”). While the new posting obligation was originally scheduled to take effect in November 2011, a number of legal challenges were filed which delayed enforcement of this posting obligation.

The FMLA provides certain protections to employees. It is important that employers familiarize themselves with these protections. Employees claiming FMLA leave have two separate potential paths of recovery against employers – retaliation and interference.