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Individual & Employee Rights Blog

Non-Competes Stink but Can Be Enforced In Maryland

Non-Competes Stink but Can Be Enforced In Maryland

In Maryland, non-competes and non-solicitation provisions can be enforced. However, a Maryland court will not enforce every non-compete and/or non-solicitation agreement. To be enforced: (1) adequate consideration must be present; (2) the restraints are limited in geographic scope and duration to what is reasonably necessary to protect the employer’s business; (3) they do not impose undue hardship on the employees; and (4) they are not against the public interest.

Lebau & Neuworth can provide countless examples in which a client was subject to a clearly overly broad and unduly burdensome restrictive covenant, but still a potential new employer would not hire him or her because the employer did not want to be dragged into litigation. On some occasions, we have been able to negotiate on behalf of our clients with their employers to narrow the scope of the non-compete or non-solicitation provision, allowing our clients to accept new employment, while, providing assurances to the former employer that certain clients or customers will not be contacted and/or solicited. We also have been able to successfully negotiate for severance pay during the term -- or at least part of the term -- of the non-compete and/or non-solicitation agreement.

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Daily Labor Report Touts Smaller 'Boutique' Firms Like Lebau & Neuworth

Daily Labor Report Touts Smaller 'Boutique' Firms Like Lebau & Neuworth

A recent Bloomberg BNA Daily Labor Report article, citing Lebau & Neuworth attorney Steven Lebau, states, “Whether they work on the management side or the worker side of labor and employment law, the attorneys contacted by Bloomberg BNA touted the advantages of boutiques (small law firms such as Lebau & Neuworth) for both lawyers and clients. They said the lawyers collaborate more and are able to offer high-quality and expert services at lower prices.”

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Comprehensive New Rules Govern Reporting of Doctors, Health Care Providers

Comprehensive New Rules Govern Reporting of Doctors, Health Care Providers

Sweeping new regulations issued from the Maryland Department of Health and Mental Hygiene, have several key preliminary definitional terms that require a hospital or practice group to report an employee to the Maryland Board of Physicians in certain situations from which he or she may face discipline and never be able to get another job.

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EEOC Issues New Guidance on Mental Health Conditions

The U.S. Equal Employment Opportunity Commission (EEOC) recently posted a new "Workplace Rights" document for  employees and job applicants with mental-health conditions.

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Customer Harassment is Unlawful – and the Employer is Liable

In December 2016, the U.S. Equal Employment Opportunity Commission (EEOC) won a major victory for employees in EEOC v. Costco Wholesale Corp., especially those working in the service industry.  Importantly, the case underscores the fact that all employees are entitled to a safe, secure and fair workplace free of sexual harassment, including harassment by customers that an employer is aware of and fails to remedy.

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EEOC Achievements in 2016 Highlighted by Discrimination Resolutions

The Equal Employment Opportunity Commission (EEOC) recently released its 2016 Fiscal Year (FY) Performance Report. The report outlines the EEOC’s accomplishments in FY 2016, which ran from October 1, 2015, to September 30, 2016.

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It was a Good Year for the False Claims Act

Lebau & Neuworth attorneys frequently represent current and former employees at all levels -- from top executive to factory-floor workers -- in whistleblowing claims under the False Claims Act. We have at least two cases now under Department of Justice Review, and in 2015 we settled a client’s False Claims Act case against the former employer for nearly $15 million.

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Employees May be Entitled to Additional Leave from Employers as a 'Reasonable Accommodation'

Employers do not realize that, even if an employee’s leave is no longer covered by the Family and Medical Leave Act of 1993 (FMLA) or was not covered in the first place, other protections may apply. This includes protections created by the Americans with Disabilities Act (A.D.A.), as amended. The law is intended to protect persons with disabilities.

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Stephen Lebau Recognized as a Top Rated Lawyer by Martindale-Hubbell

Posted on December 22, 2016 in Employee Rights, Employment Law

Lebau & Neuworth attorney Stephen Lebau has been awarded the highest possible Martindale-Hubbell rating by his peers and the Judiciary – the Martindale-Hubbell 2016 AV Preeminent Award – Judicial Edition. Stephen’s AV Preeminent Award is the premier ranking for both Legal Ability and Ethical Standards, reflecting the opinions of members of the Bar and Judiciary.

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Attorneys Lebau and Neuworth are Both 10-Time Recipients of 'Super Lawyer' Rankings

Posted on December 16, 2016 in

For 10 years now, Lebau & Neuworth attorneys Stephen Lebau and Richard Neuworth have been rated by Super Lawyers as "Top Lawyers" in their respective fields of legal practice.

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Lebau & Neuworth Files Lawsuit for Employment Discrimination Case against Verizon

Attorneys at Lebau & Neuworth filed a lawsuit against Verizon on behalf of a victim of employment discrimination by the company. In this case, our client worked for Verizon for nearly two decades as a cable splicing technician and was discriminated against because of his religion and retaliated against because he reported the discrimination.

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