Kevin B. Leblang


Articles:

  • Monday, May 4, 2009
    Two recent disputes illustrate the success employers may achieve when they seek to protect their confidential and proprietary information.
  • Monday, May 4, 2009
    In late January 2009, the United States Supreme Court decided Crawford v. Metropolitan Government of Nashville and Davidson County , 129 S. Ct. 846 (2009), a case that will force employers to revisit their internal investigation policies. The plaintiff in Crawford claimed retaliation when she and two other employees were terminated after being questioned in...
  • Thursday, January 1, 2009
    The downturn in the economy has created an increase in restrictive covenant litigation as employers seek to prevent competitors from gaining access to their confidential and proprietary information, clients and employees. We present below a summary of the principles and issues concerning non-compete and non-solicitation provisions that have been addressed...
  • Saturday, November 1, 2008
    The number of layoffs by employers has increased as the economy has weakened. In light of the creation of a large pool of potential plaintiffs, employers must take steps to guard against claims that their restructuring activities have had a disparate impact on a protected class, such as employees forty years of age and over who are protected under the Age...
  • Saturday, November 1, 2008
    In a case of first impression, the Second Circuit Court of Appeals recently held that anti-discrimination laws may be violated when a white employee is fired for having a black spouse. In Holcomb v. Iona College , 521 F.3d 130 (2d Cir. 2008), the Second Circuit vacated and remanded a federal district court's grant of summary judgment in favor of Iona...
  • Sunday, June 1, 2008
    The current United States Supreme Court term is a watershed for employment law jurisprudence. The Court has ruled on or granted certiorari to address a wide variety of issues ranging from claims of employment discrimination, matters of labor law, questions arising in connection with arbitration, equal protection claims and disputes concerning employee...
  • Thursday, November 1, 2007
    The United States Court of Appeals for the Tenth Circuit recently held that an employer established a legitimate, non-discriminatory reason for declining to rehire a former employee based upon the terms of a settlement agreement, entered into years earlier to resolve a previous claim under Title VII of the Civil Rights Act of 1964 ("Title VII") in which...
  • Thursday, November 1, 2007
    In Schiano v. Quality Payroll Systems, Inc. , 445 F.3d 597 (2d Cir. 2006), the Second Circuit Court of Appeals ruled that hostile work environment claims require a case-by-case factual analysis to determine whether summary judgment is appropriate. In the case before it, the Second Circuit reversed the District Court's grant of summary judgment to an...
  • Tuesday, May 1, 2007
    In recent years, last chance agreements ("LCA") and return to work agreements ("RWA") have been gaining support from employers and courts alike. Under these agreements, instead of terminating an employee on the spot for committing an infraction, employers permit the employee to return to work subject to conditions specified in the LCA or RWA. These...
  • Tuesday, May 1, 2007
    Employers frequently condition the payment of post-employment or deferred compensation on an employee's compliance with a noncompete agreement. Such an arrangement has long been enforceable in New York under the "employee choice" doctrine. This doctrine holds that an employee who chooses to resign and violate his or her noncompetition obligations can be...