CHANGES IN OHIO UNEMPLOYMENT LAW Ohio law recently changed mandating that employers will be penalized for not responding to requests from ODJFS regarding unemployment claims. If an employer fails to respond to three requests and it is determined that the worker should not have collected benefits, the employer may be charged for such benefits. (See, House Bill 37) Individuals claiming unemployment also have more burdens to collect benefits. The unemployed worker must now post a resume on Ohios Job Search website, take three assessments and complete a questionnaire. Each requirement has a deadline and if not met, benefits will be suspended. Workers will be automatically registered with Ohio means Jobs. The employees must apply for two jobs each week in order to retain benefits. All information can be accessed on the ODJFS website, which has a wealth of information about Ohio unemployment. https://unemployment.ohio.gov/PublicSelfServiceChoice.html KENTUCKY SUPREME COURT CHANGES THE LANDSCAPE OF NON-COMPLETE AGREEMENTS AND CONTINUED EMPLOYMENT AS CONSIDERATION The Kentucky Supreme Court clarified what is sufficient consideration for a non-compete agreement on June 19, 2014. Continued employment in some cases may no longer be enough consideration. The case spells out the dangers of not handling non-compete agreements carefully and with good planning. It also highlights the fact specific analysis that is required in these cases. In the case of Creech, Inc. v. Brown, 2014 WL 2778559 (Ky.), the employee had worked for the employer for 16 years and was presented with a non-compete. He was asked to sign it in order to keep the owners daughter off his back. No consideration was provided or spelled out, including a statement that if he failed to sign, he would lose his employment. He was not provided with any specialized training. The Court, in analyzing the facts, held that no consideration existed including no change in employment. Therefore, the agreement was not enforceable. The lesson to employers is to present a non-compete agreement upon hire and as a term of employment. This should be clearly stated in the agreement itself. If specialized training or proprietary information is provided to the employee, this should also be specified. If a non-compete is given after employment starts, some sort of consideration should be provided such as a raise, bonus, promotion or training in addition to continued employment. The key is to be sure all of this is spelled out in the actual language of the agreement. Non-compete or non-solicitation agreements are very useful in protecting company assets but they must be drafted carefully. Enforceability depends highly on the language and fact situation of each employee and employer. Salary Survey for Northern Kentucky!! In the upcoming weeks NKY SHRM will conduct a salary survey for our market. We want to give you a heads up and encourage participation. If you do participate in the survey that will be emailed, you will receive a copy of the results upon completion. This will help you to understand the current market demands around salary, and help you when you are looking at your compensation packages. How do you compare to your competition? Is your turnover because you are not competitive on some positions? With an ongoing supply and demand issue, do you know if you are below average or a premiere employer? Thanks is advance for your participation!! More to follow....
Posted on: Sat, 26 Jul 2014 22:05:01 +0000
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