Bass Berry & Sims Labor Talk

Category Archives: Employment Agreements/Non-Compete Policies and Practice

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Employers Should Begin Using the New Form I-9 “Right Away”

Posted in Employment Agreements/Non-Compete Policies and Practice

The United States Citizenship and Immigration Services (USCIS) recently published a revised Employment Eligibility Verification form (Form I-9). The USCIS website has instructed employers to begin using the new form “right away.” However, the currently approved forms dated February 2, 2009 and August 7, 2009 will be deemed acceptable until May 7, 2013. After May… Continue Reading

Last Chance Agreements – Asking for Waiver of Discrimination Claims Perilous

Posted in Employment Agreements/Non-Compete Policies and Practice, Union Organizing and Collective Bargaining

Some employers use last chance agreements (“LCA”), particularly in union settings, to allow hourly employees “one last chance” to improve performance.  In return, the employee waives the right to use the union’s grievance and arbitration process if later termination is due to continued failure to improve performance or due to another policy violation.  Employers will… Continue Reading

Can I Enforce a Non-Compete Agreement Or Other Type Of Restrictive Covenant in Tennessee?

Posted in Doing Business in Tennessee, Employment Agreements/Non-Compete Policies and Practice

It depends.  In Tennessee, restrictive covenants are generally disfavored as a “restraint of trade,” so an employer should not assume that a contract limiting an employee’s competitive conduct after termination will be enforced by a court.  In order to enforce a restrictive covenant agreement, the employer must prove that it has a legally recognized “protectable… Continue Reading