Martin D. Haverly, Attorney at Law
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Wilmington Employment Law Blog

Spotlight on ERISA and disability benefits

We note on our website at the established Delaware employment law firm of Martin D. Haverly in Wilmington that most benefit plans administered through private employers are governed by a comprehensive set of federal laws and regulations.

Those relevant rules and policies are detailed in a statute termed the Employer Retirement Income Security Act. Although many Americans are likely not familiar with that formal designation, they perhaps have some knowledge of the law through reference to its oft-used acronym.

Spotlighting pregnancy discrimination claims, safeguards

More than seven a day on average, every day of the year.

That number refers to pregnancy discrimination complaints fielded by the U.S. Equal Employment Opportunity Commission during 2018. To be precise, the EEOC was asked to intervene in such matters 2,790 times.

Do you have recourse as a terminated high-level employee?

Short answer to the above-posed headline query leading off today’s blog post: You might have.

A recurrent scenario plays out daily in Delaware workplaces and other employment locales spanning the country. Word ripples across a company that a top-tier employee has lost his or her job.

One key thing you should do when appealing a disability denial

Dealing with long-term disability insurance is rarely simple. This is especially true when it comes to filing an appeal – a process that can feel like endless paperwork entangled in many hard-to-remember rules.

However, there is one important element that anyone appealing a long-term disability decision should be sure to do. If done right, it can set them up to have the best chance at success not just immediately, but down the line.

What does an employment contract customarily include?

The above-posed headline query in today’s blog post is certainly not intended as a trick question. Readers of our long-tenured multi-practice Delaware law firm might reasonably intuit that there is no simple and definitive answer to the question, though.

In short, the employment agreements executed between management and workers in Delaware companies and nationally are variable and notably differentiated. Some contracts are flatly concise instruments that set forth wage and benefit matters and little else. Conversely, others – especially agreements signed by high-level employees – often run to many pages and encompass subject matter that is widely varied.

What standard governs workplace noncompete agreements?

Here’s a potential scenario that spells a bona-fide concern from a Delaware employer’s perspective: A top employee has just left the firm, and company principals fear that the worker will divulge closely kept trade secrets to a rival company.

And here’s a tandem scenario, but from the viewpoint of a just-departed employee: I want to start my own business, but my ex-employer is threatening to limit my ability to do so via legal action against me.

Relevant considerations surrounding noncompete agreements

Select workers in many Delaware businesses are intimately involved at high levels in matters concerning their employers’ policies, business plans and proprietary data. Company principals know that, while such employees are key assets to their enterprises, they can also prove detrimental if they quit their jobs absent any post-termination controls on their knowledge or ability to compete.

A worker unfettered by legal constraints might establish a directly competing business just down the road, for example, piggybacking on knowledge gained at his or her prior job. Conversely, that worker might commence employment with a business rival, imparting to that entity information/data deemed proprietary by the previous employer.

Have you faced discrimination in the workplace?

Workplace discrimination can happen during an interview, shortly after you started a new job, or after 20 years of working for a company. Discrimination can happen to anyone, in any job industry.

If you believe you were mistreated, denied a promotion or terminated without cause, you may have faced employment discrimination. Here are 10 types of discrimination and how you can take action against your employer.

How do you prove wrongful termination in retaliation?

When employees report discrimination or blow the whistle in the workplace, they have specific rights under federal and Delaware laws. These protections forbid retaliation.

Unfortunately, that does not stop employers from retaliating against employees or firing them. But how can employees prove that their employer terminated them wrongfully?

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Martin D. Haverly, Attorney at Law
Brandywood Plaza, 2500 Grubb Road
Suite 240-B
Wilmington, DE 19810

Phone: 302-529-0121
Fax: 302-529-1123
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