Wednesday, January 20, 2010

HR Legal News Articles

I chose two different articles in regards to workplace legal issues. One is "Are Non-compete Agreements Valid?" and the other on "Religion and the Workplace" both by Jeffery Steinberger in Entrepreneur Magazine.

"Are Non-compete Agreements Valid?"

I’ve always thought the idea of having an employer make you sign a non-compete clause was always such a weasel thing to do, if not totally illegal. I remember when my wife was working at a car dealership in Provo and was forced to sign one or be “terminated”. I thought to myself, why would a SECREATARY really need to sign a non-compete? How can you tell someone that they can’t work anywhere else? What if you fired them, created a hostile work environment, or just because they wanted to make more money by going somewhere else? That’s crazy. Based on this article, as a general rule, non-compete rules aren’t valid. Most states have specific laws that allow people to seek lawful employment.

"Religion and the Workplace"

Another problem is religion in the workplace. How do companies handle people’s “Religious Beliefs” or “Holidays” like the ones you see in the Las Vegas commercials? Title VII of the Civil Rights Act of 1964 states that an employer must provide “reasonable accommodation” of an employee’s religious beliefs and practices, unless accommodation would constitute “undue hardship” for the business. An employee must first notify the employer of the conflict between his or her religious beliefs and an employment requirement. Without such notification, an employer can legally discharge an employee for excessive absences from work, regardless if they’re for religious purposes.

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