Author: Susan Stobbart Shapiro

Would your Non-Compete and Non-Solicitation Agreements Hold Up?

Recent court decisions have eviscerated some non-compete and non-solicitation provisions that Maryland employers have used for years.  Generally speaking, non-compete and non-solicitation restrictions will be upheld if they are “narrowly tailored to protect a legitimate business interest” – but not if they are found to be “overly broad.”  Recently, our courts have held that the following language is generally overly broad and, therefore, unenforceable: Continue reading Warning: Recent Court Decisions Invalidate Standard Non-Compete Language in Maryland

A properly drafted non-compete agreement is a beautiful thing. Sadly, a large percentage of non-competes die on the drafting table. These deaths are preventable.

Non-competes work best when employees and their lawyers believe they would be upheld by the courts.  The goal is to have the employee’s lawyer tell him, “Meh, this would probably be upheld. Keep your nose clean or get out your checkbook.” Continue reading Non-Competes: Get More by Asking for Less

Sometimes businesses over complicate things for themselves. How? By using employment agreements and policies that may seem OK to a layperson but that make employment lawyers blanch. Or swear. Or shake their fists at the sky screaming, “Why, Lord, Why?!”

Every business is different — but the majority of employers would benefit from spending time with their legal counsel to review their basic employment documents.  These documents are what I call “The Fantastic Four”. Continue reading The Fantastic Four – Four Documents that All Employers Should Consider

Small business owners, you may be the most vulnerable to harassment and discrimination suits right now. Why? Because you have employees but aren’t big enough to have a human resources department — and you feel that you are too busy trying to run your business to flesh out every rumor that you hear about employee complaints.  This is where you put your business at risk.

Harassment and discrimination are wrong and must be eradicated.  Period.  But there are some employees who are attempting to use the specter of a harassment claim as job insurance or an unearned payday.  This behavior is as egregious as harassment and has to be stopped – which brings me to my mantra: Continue reading Sunlight is the Best Disinfectant

I’m bothered by the unnecessary complexity of employment laws.  Solution?  We harness the awesome power of reality TV to kick Congress into gear.  The revolution will be televised.

Hat tip to past generations for leveling the playing field in the workplace.  Honestly. Well done. But, anyone who has gotten woozy drinking from the alphabet soup of employment laws (FLSA, GINA, ADA, FMLA, ADEA, OWBPA, etc.) knows that they may feel good at first, but leave a nasty hangover.  The laws and regulations can be conflicting, impractical, and productivity-stifling.  It is a morass.  I don’t mind complexity – but it has become tortuous.  Even the most competent, saintly, business people do not have a snowballs chance in hell of being 100% compliant.  And that is just not fair. Continue reading The Real Congress Members of DC: Solving Employment Law Problems through Reality TV