Delaware Employment Law Blog

Delaware Employment Law Blog is pleased to welcome a new employment-law blog to the blogosphere.  Young Conaway's Non-Compete and Unfair Competition practice group recently launched the Delaware Non-Compete Law Blog, focusing on, you guessed it, non-competition agreements and unfair competition litigation in Delaware. 

"The blog is an acknowledgement that the Delaware Court of Chancery, frequently recognized for its expertise in handling corporate disputes, has developed into a leading forum for the enforcement of non-competition agreements and cases involving misappropriation of trade secrets," says Scott A. Holt, a partner in the firm's Non-Compete and Unfair Competition practice group.  "Companies continue to value the Chancery Court's ability to handle these disputes in a quick and equitable manner, which is critical for any business that needs to protect its goodwill and assets."

Readers (and authors!) of the Delaware Employment Law Blog are certain to find the Non-Compete Law Blog a very useful resource.

Just a short announcement that I’ve started a second blog, which is now live, called Going Paperless.  There, I’ll be posting about the ways we can put technology to use for improved productivity and efficiency at work.  There are so many times that I come across helpful tips or tutorials but, until now, haven’t had a forum through which I could share them.  Some of the content will be legal-centric, with an eye to productivity for lawyers and legal professionals, but most of the tips will be equally applicable for anyone who wants to make work easier. 

I hope you’ll join me in the exciting conversation at my new blog.  And, of course, you can keep up to speed on what’s happening at Going Paperless and at DELB via my Twitter feed by following me at @MollyDiBi.

Joe Biden isn't the only national news out of Delaware these days--Young Conaway's Summer-Associates Program ranked first in Delaware and 4th nationally (out of 162 participating firms) in The American Lawyer’s latest survey. The survey was conducted from early June to mid-August, and drew responses from 7,633 Summer Associates.  

This is a program to which we devote a lot of effort--not just funds, but effort--in the form of attorney event attendance, one-on-one mentoring, and real-time substantive feedback.  Young Conaway approaches recruiting and development from a fairly unique perspective--when we make hiring decisions, we do so with the expectation that the new lawyer will join the Firm and stay with us, well, forever.  That long-term-investment approach definitely carries into the amount of hard work and attention that is given to our Summer program.

Associates were asked how interesting the work was, how much "real" work was assigned, how the training and guidance measured up, how positive the interactions were with partners and associates, how well the firm communicated its goals and expectations, how accurately the firm portrayed itself in interviews, and the respondents' inclination to accept a position if one were offered.  The respondents were also asked to rate the firm overall as a place to work.

Eligible summer associates were first- and second-year law students (classes of 2009 and 2010) clerking at firms for at least three weeks during the summer. Respondents were guaranteed anonymity.

So what makes the program great enough to rank among the best in the country?  A number of things, starting with the hiring philosophy discussed above.  But philosophy alone cannot carry the day.  Real, live, people, must play a role, as well.  In that respect, although all of the firm's attorneys are given some credit because all participate in some way, the real accolades are deserved by two lawyers in particular. 

Tricia A. Widdoss, Esq., who had responsibility for firm recruitment and associate development, as well as the Summer programs for the past three years, deserves countless kudos for her creative ideas, innovative initiatives, and her unyielding enthusiasm and devotion to making the program a success and to each of the Summer Associates placed in her care.  There is a tremendous amount of hand-holding to be done--of the lawyers' hands, mostly--to make sure that all candidates are given a broad range of assignments from as many practice groups as possible.  (This can be particularly difficult when one group falls in love with a candidate and doesn't want to share their new all-star.  Not such a bad thing from the Summer's perspective, of course).

Danielle Gibbs, Esq., is the other half of the winning equation.  Danielle is the Hiring Partner, which means that she has the responsibility to manage all of the behind-the-scenes choreographing to make sure candidates are getting enough exposure to the departments where they may want to be placed.  It also means countless hours spent at committee meetings and at the two formal evaluation meetings provided to every summer associate.  It also requires review of enough writing samples to make your eyes cross and twice as many work-product memos and assignments generated by the Summer Associates over the course of the summer.

The ultimate goal of the Summer Program is to provide summer associates with a structured program emphasizing continued development of their legal skills while also allowing them a sampling of private practice. Young Conaway accomplishes this goal through a centrally coordinated assignment allocation process, a summer-long writing program, and extensive mentoring and feedback, all fostered by the firm’s open-door and accessible culture.  Most important, though, are the exceptional candidates who seem to get more brilliant every year, who make the attorneys actually look forward to their arrival each summer.  They are truly a remarkable group of students who we are thrilled to have join us as colleagues.

See the full American Lawyer survey results.  Or, see more information on Young Conaway's recruiting program.

One of great employment-law bloggers, Michael Fox, of "Jottings by an Employer’s Lawyer" recently celebrated his blog's six-year anniversary!  Not only is Michael one of the innovators in our genre, but he also writes a wicked good blog! 

In honor of his "blogiversary", Michael got nostalgic and posted this entry: "6 Years, 1800 Posts and How the World Has Changed."    It's a great list of some of the best e-law blogs around.  And, it just so happens, the Delaware Employment Law Blog is one of those blogs Michael considers worthy enough to make the list.  

Thank you, Michael, and Happy 6th Birthday to your blog. May there be many, many more!

Molly DiBianca will be presenting a seminar, Developing Your Employee Handbook, on two dates in October.  The free seminar is sponsored by Lyons Companies Insurance. 

The 2-hour seminar is designed to provide attendees with an understanding of the legal implications of an organization's written policies and procedures, as well as the costs and benefits of placing informal practices in an employee handbook. I will also cover some of the practical elements of handbook creation and revision, such as the handbook's structure, legally mandated policies and how to format individual policies.

The October 23 session will be held in Georgetown, Delaware from 11 a.m. - 1 p.m. and the October 30th session will be held in the Young Conaway Stargatt & Taylor offices in Wilmington, Delaware, from 9 am - 11 am.

Handbooks are one of the most frequently requested seminar topics, so I expect both sessions to fill quickly.  To reserve a spot, you can either contact Lyons Companies Insurance or contact Molly DiBianca.

Human Resource professionals, recruiters, trainers, and managers who want access to the latest developments in organizational leadership practices should mark their calendars.  The 8th annual Delaware SHRM conference is just weeks away.  This year, the program will be held at the Clayton Hall Conference Center at the University of Delaware.  

The program schedule is extraordinary and features some outstanding speakers, including keynote speakers, Bill Cawley, Executive Vice President, Bank of America, and motivational speaker, as well as wellness coach, Christine Sopa, founder of Chris Sopa International.  Peggy Eddens, Executive Vice President - Human Capital Managment, WSFS, will lead off the event at the Evening General Session on Tuesday, November 18.

And, returning again by popular demand, attorneys William W. Bowser and Scott A. Holt will present The Good, The Bad, and The Ugly: Employment Law Update 2008. This yearly update is a great way to get up-to-speed on the many important developments from the last twelve months--in the courts and legislatures of Delaware and nation wide. 

Registration information and additional details can be found at the HR Conference Page on the Delaware SHRM's website.

Materials from the employment-law seminar held at Delaware Contractors' Association yesterday are now available.  The topics of yesterday's seminar, presented by Bill Bowser and Molly DiBianca, included a legislative update on three labor initiatives, the Employees' Free Choice Act, the RESPECT Act, and the Delaware Construction Industry Independent Contractor Act; a review of the E0Verify program; and an outline of the National Defense Authorization Act (NDAA), the recent amendment to the FMLA.

Thank you again to all of the attendees.  Bill and I look forward to seeing you at another Young Conaway seminar sometime soon!!

The Delaware Employment Law Blog will be posting a series of articles on the fundamentals of employment law.  The Back-to-Basic Series is intended to be a refresher course of sorts for employers and human resource professionals on the topics and laws that generate the most questions from clients and seminar attendees. 

Think of it like summer reading, only better. 

If there are topics that are of a particular interest, please post it in the comments or drop me a line and let me know.  But jump in soon because we're in the midst of finalizing the course schedule.   HR Summer School will be a regular feature until Labor Day. 

The Delaware E-Law Blog has a whole new look!  If you have been wondering where we've been the last few days, now you know.  We're now hosted by [the wonderful] Justia, as in Justia Blawg Search and Justia Federal District Court Filings and Dockets, which is a great tool for searching up-to-the-minute listings of the latest filings in federal court.

One of the features we've added to the blog is an all new "Resources" page, which contains links to about 160 Blogs of interest on the topics of Employment Law, Human Resources, and the like.  There are also about 100 links to helpful internet websites and resources.  Please check out the lists and let me know of any valuable additions, including if you have a blog that might be of interest to our readers.  We're big fans of sharing.

Thanks for your patience during the switch.  We promise to have a bunch of posts up soon!!

Have a great weekend and happy reading!

Send your links of interest to mdibianca at ycst dot com

In addition to the Advanced Employment Issues Symposium (AEIS), where Adria Martinelli, William W. Bowser, and Scott A. Holt, will be presenting on several employment law topics, attorneys in the Employment Law Group has several seminars on the calendar this summer.  To keep you in the loop, here's a short recap. For more information, just give us a call or use the links below.

Delaware Contractors Association, June 25

William W. Bowser and Molly DiBianca will be presenting a breakfast seminar to the Delaware Contractors Association (DCA) on June 25, 2008 on Hot Topics In Employment Law.  The recent amendment to the Family Medical Leave Act, the National Defense Authorization Act (NDAA), which imposes new leave requirements for employees with servicemembers in the family who are called to active duty or who are returning from active duty and who require medical care.  The recent (and sudden) passage of the Construction Industry Independent Contract Act through the Delaware House of Representatives will also surely be on the agenda.

Developing Your Employee Handbook, October 23 & 30

Molly DiBianca will be presenting this seminar, which is sponsored by Lyons Companies Insurance, twice in October.  The first seminar is scheduled for October 23, 2008, from 1-3 p.m. and will be held in Georgetown, Delaware. The second is set for October 30, 2008, from 9 - 11 a.m. and will be hosted by Young Conaway Stargatt and Taylor in the firm's Wilmington, Delaware offices.  The seminar is free to clients of Lyons Companies but limited spaces are available for non-clients.  Just be sure to contact Molly DiBianca or Lyons Companies representative Jenn Miller early because Lyons' seminars are always well attended and fill up quickly. 

Delaware Employment Law Letter editors, William Bowser, Scott Holt, and Adria Martinelli are in beautiful Charleston, SC representing Young Conaway at the annual meeting of the Employers Counsel Network. The ECN is comprised of top employment law firms for all 50 states and Canada.

ECN membership ensures that Young Conaway is able to provide the highest level of service in jurisdictions beyond Delaware. A list of ECN firms is available here.

One particularly interesting presentation at the meeting was made by Lillian Romano of VisuaLex, LLC, who spoke about the use of technology in the courtroom. Proper use of technology to communicate to jurors is essential to trial success. Lillian's tips and tricks were very helpful.

William W. Bowser, a partner in our Employment Law Department, is featured in the Philadelphia Inquirer’s coverage (March 31, 2008; Health & Science) of Delaware’s cancer treatment program. Pictured in the article with Delaware Governor Ruth Ann Minner and state Health & Social Services Secretary Vincent Meconi. Bowser is chairman of the 15-member advisory council formed to develop a cancer-care battle plan for residents of the state.

The article highlights Delaware’s high cancer death rate, and the state’s unique program that provides uninsured residents with free cancer treatment for up to two years. “We wanted to do the things that would make a difference and were possible,” panel chairman Bowser is quoted in the article. He received the National Governor’s Association Award for Distinguished Service to State Government in 2007 for his work as chair of the nationally-recognized Delaware Cancer Consortium.

Take Your Daughter to Work Day is held on the third Thursday of April each year. This year, that meant that the average age in your workplace probably took a sharp dive last Thursday, April 24. Like other participating organizations, our office hosted approximately 25 youngsters for a "day in the law." Our Human Resources Director does a fanastic job with these events, and, in usual form, had a well-organized series of activities planned.

One of the morning events, following a "light breakfast" of donut holes, etc., was for an attorney from each Practice Group to talk briefly about the kind of work they do. I was asked to speak on behalf of the Employment Law Group and was happy to do so. But a little back-up never hurt anyone, so I asked my colleague, Michael Stafford, to join me.

On a side note for the event organizers, don't pass over the males in the group when it comes to kids' events! Mike was about the most enthusiastic speaker I've seen and a real natural with the children. He told them (in kid-speak) that we represent employers and businesses; that we get involved if someone is going to get fired or if someone doesn't get paid like they should. He also talked about School Law, which makes up a large part of Mike's practice.

Then, suddenly, it was my turn. Mike, was, by this time, in the middle of the "U" part of the U-shaped conference table, surrounded by a sea of children glued to his every word. Meanwhile, I hadn't left the shore and was still standing at the front of the room, mystified by Mike's ability to captivate.

Mike whips around towards the front of the room and extends his hand like a magician's assistant trying to draw the crowd's attention to the stage for the big finale. He says, "Molly, Why don't you go ahead and tell them some more about what we do."

Gulp.

I love public speaking. No, really, it's true. I love teaching and giving seminars and presenting to groups of every size. But for this, I was not prepared. I had no idea how to explain employment discrimination to a room of 9-12 year olds. Admittedly, I stumbled for a minute, at a total loss for words. But what I finally did say, though, was probably more insightful to me than to the audience members. It was from-the-heart and unrehearsed:

What we do in the Employment Law Group is to make sure that the workplace is a good place to be. Our job, at the end of the day, is to make sure that everyone plays nice. We try to show people how to respect each other and be nice to one another, even though we are all different in a lot of ways. We want people to learn how to respect those differences so the workplace can be a great place to go every day. That's what we do.

After I finished, some of the other lawyers who had come to speak nodded their heads in agreement. I thought, yeah, that really is exactly what I do. We guide our clients to make the workplace free of discrimination. We counsel clients on how to pay employees properly and fairly. And we're called when an employee is doing more harm than good and the client wants our advice on the best way to proceed. You might say that we work hard to prevent our clients from being sued. Or, you might say, we try to make sure that the workplace is a good place to be. That seems to sum it up pretty well.

Inter Alia, (a/k/a) the Best Legal Research Blog, features Delaware Employment Law Blog as the Blawg of the Day

Inter Alia is the favorite weblog for legal research and reference (if you didn’t already know). Each day, Tom Mighell, blogger extraordinaire, posts about a legal research “blawg” (law + blog). Today, the Blawg of the Day is the Delaware Employment Law Blog!! Many gracious thanks to Tom for the recognition.

As a side note, for those of you who may still be new to the world of blogging, Inter Alia is the ultimate resource to find blogs of interest as you develop your list of feeds.

But, wait! There’s more! Tom also publishes Internet Legal Research Weekly, an e-newsletter readers can subscribe to for free, that covers anything and everything legal research, and then some. It often contains great information about other resources, such as Web 2.0 and other online tools. The current issue of the ILRW is available online or via subscription, and, when you have something specific in mind, check out the Internet Legal Research Weekly archives.

Really, there's more! Tom and his co-author, Dennis Kennedy, recently published the hottest book in the world of Legal Technology and Law Firm Practice Management, The Lawyer’s Guide to Collaboration Tools and Technologies: Smart Ways to Work Together. Published by the ABA, the book is written in plain-English suitable for both the tech savvy and the not-so-tech savvy and provides detailed information on how to effectively collaborate using the multitude of online tools availble in today's internet-driven world.

The book is the talk of the blogosphere at: Between Lawyers, at David Maister's Passion, People, & Principles Blog, and the Illinois Trial Practice Weblog, just to name a few.

And Dennis Kennedy has a comprehensive post on his blog with lots of information about the book.

Inter Alia, (a/k/a) the Best Legal Research Blog, features Delaware Employment Law Blog as the Blawg of the Day

Inter Alia is the favorite weblog for legal research and reference (if you didn’t already know). Each day, Tom Mighell, blogger extraordinaire, posts about a legal research “blawg” (law + blog). Today, the Blawg of the Day is the Delaware Employment Law Blog!! Many gracious thanks to Tom for the recognition.

As a side note, for those of you who may still be new to the world of blogging, Inter Alia is the ultimate resource to find blogs of interest as you develop your list of feeds.

But, wait! There’s more! Tom also publishes Internet Legal Research Weekly, an e-newsletter readers can subscribe to for free, that covers anything and everything legal research, and then some. It often contains great information about other resources, such as Web 2.0 and other online tools. The current issue of the ILRW is available online or via subscription, and, when you have something specific in mind, check out the Internet Legal Research Weekly archives.

Really, there's more! Tom and his co-author, Dennis Kennedy, recently published the hottest book in the world of Legal Technology and Law Firm Practice Management, The Lawyer’s Guide to Collaboration Tools and Technologies: Smart Ways to Work Together. Published by the ABA, the book is written in plain-English suitable for both the tech savvy and the not-so-tech savvy and provides detailed information on how to effectively collaborate using the multitude of online tools availble in today's internet-driven world.

The book is the talk of the blogosphere at: Between Lawyers, at David Maister's Passion, People, & Principles Blog, and the Illinois Trial Practice Weblog, just to name a few.

And Dennis Kennedy has a comprehensive post on his blog with lots of information about the book.

Delaware's Governor Minner received the Wallace M. Johnson award from the New Castle County Chamber of Commerce in March 2008. The award recognized the Governor's work to reduce cancer incidence and mortality and increase prevention and screening efforts in the First State. On the Governor's blog, she reciprocated the praise by spotlighting some of the groups and individuals who helped change the State's approach to cancer treatment and prevention.

Among those mentioned is our own Bill Bowser, a partner in the Employment Law Department at Young Conaway. Bill is the Chair of the Delaware Cancer Consortium, the group that Governor Minner credits as one of the central reasons for the State's successful initatives.

The Governor writes:

In 2001, we approached a vested group of legislators, business leaders, medical professionals, and concerned Delawareans to form the Delaware Cancer Consortium, which was charged with making recommendations to help reduce our cancer rate. Their recommendations included the Clean Indoor Air Act, the Delaware Cancer Treatment Program, Screening for Life, the Nurse Navigator program, and the Delaware QuitLine, among many others. Because of their help and the leadership of chairman Bill Bowser, we have been able to help families and save lives.

Also worth noting for employers, the Consortium has implemented a workforce/workplace initiative. The Workforce/Workplace Committe is committed to its mission to:

Improve clinical and support services in the workplace to better manage symptoms and rehabilitation and accommodate disabilities associated with the disease. As a result, employers can increase the numbers of cancer survivors who successfully return to work. The dynamics in the workplace—just as in the routine of living—change dramatically for a cancer survivor. Inability to work regular hours can affect finances and health insurance. Social connections may be lost. Professional selfr-espect, self-esteem and satisfaction can suffer. For the employer, productivity may be affected. If there are physical limitations, the employer may alter job assignments, which can enhance employer-employee relations.

Bill's many years of hard work and dedication to the First State's fight against cancer is appreciated by many and the effects of his work have been felt by countless Delaware citizens.

Our Annual Seminar for Employers was held today at the Chase Center on the Riverfront in Wilmington, Delaware. The attendance at the seminar was our best ever, with more than 130 of Delaware's best human resource professionals, labor relations specialists, senior managers, and small business owners.

Our many thanks to The Honorable Mary Pat Thynge, who spoke candidly about the federal mediation process. Her comments were direct and insightful for everyone, including for the attorneys!

Another thanks to all of the attendees who completed and submitted a survey at the end of the day. We're looking forward to reviewing your comments. Our objective is to make the seminar as effective and enjoyable as possible. Your opinion really tells us what we can do to better to maximize the client experience. We are especially interested to learn what topics most interest you for future seminars. If you were in attendance today but did not have an opportunity to submit an evaluation, just let us know and we'll send you one that can be completed and returned electronically--no stamp necessary!

Again, thank you to all of our clients, colleagues, and new friends, who gave us your attention and participation for a very full day on a variety of employment-law topics.

The U.S. District Court in Wilmington, Delaware awarded summary judgment to BE&K Engingeering Company, finding that the EEOC had failed to show that a 54-year-old engineer, who was laid off during a reduction in force, was replaced by someone significantly younger.

EEOC argued that in a reduction-in-force situation, the ADEA prima facie case analysis should be relaxed. The Commission contended that the EEOC only needs to show that BE&K retained several significantly younger engineers while terminating a member of the protected class.

"The analysis is not that simple," Magistrate Judge Mary Pat Thynge wrote, as she rejected EEOC's argument. She cited a district court decision stating that when considering whether an employer gave preferential treatment to younger employees during a RIF, a court must consider "the terminated employee's 'fungibility' or usefulness to the employer in comparison to other employees."

Here, the six younger engineers that EEOC cited as "similarly situated" to the terminated engineer were all employed on long-term projects at the time of the RIF, the court emphasized. The EEOC argued that all engineers were expected to perform the same tasks and easily could be swapped between projects. Significantly, the court rejected the contention, finding that it "fails to address the adverse business costs and impact on future projects when senior engineers are placed on jobs that require only entry-level qualifications."

This case demonstrates the Court's continued respect for the need of businesses to make decisions based on the economic realities of the workplace.

The full decision, EEOC v. BE&K Eng'g Co., can be found at Magistrate Judge Thygne's website.

Young Conaway's own John Paschetto, a partner in our Business Planning Group, received a bit of well-deserved attention in the blogosphere today. John's excellent article about best practices in proofreading was published in The Practical Lawyer. The article, titled Beyond Redlines And Spell-Check: Proofreading Tips From The Dark Ages can be accessed via the firm's website here.

The Legal Writing Profs Blog was the first to post on the quality of the article:

Don't you just hate it when you have e-mailed, filed, or otherwise dispatched some piece of writing, only to spot a glaring error that you overlooked? Or if your job description includes reviewing the work of others (ahem, legal writing profs, I am talking to you), don't you sometimes wonder how those writers could have missed seeing obvious errors?

Either way, you will enjoy reading an article by Delaware attorney John J. Paschetto, published in the February 2008 issue of The Practical Lawyer magazine, Beyond Redlines and Spell-Check: Proofreading Tips from the Dark Ages. Paschetto explains the difference between editing and proofreading, and he identifies many of the common forms of errors that writers tend not to see when reviewing their own work. He explains the advantages of proofing in stages, and he offers several low-tech strategies for catching and correcting such errors, including a checklist that illustrates his suggested method at work.

The (new) legal witer jumped in with a compliment, too.

In it, he explains the difference between editing and proofreading, advocates proofreading in stages, and offers valuable tips to increase the efficiency and effectiveness of your proofreading.

Of course, those of us who have been lucky enough to have their work edited by John, would attest that words like "great" and "excellent" fall far short. John has turned many first-year associates into real, live legal writers! And speaking as one of them, I think "miraculous" is probably the better adjective.

Congratulations to our Writing Guru In Residence!

If you have an interest in Leadership and Managment skills, then you've probably tapped into the great resources offered by the Harvard Business Review. In the April edition of HBR, there is an article titled, "Be a Better Leader, Lead a Better Life." The article argues that a good work-life balance is an essential qualification for those who seek to be good leaders.

This concept probably doesn't come as a surprise to most managers. Being locked in an office all day and night will inevitably skew perception of the "real world." And, let's face it, the "real world" is where your staff lives. If you fail to prioritize your life outside of the office, it's easy to see how quickly a divide can develop between you and your reports.

And let's not overlook the obvious--if your work-life balance is in line, you're destined to be a happier person. Everyone likes happy people. And nobody likes a grouchy boss. If you have happiness outside of your work, people will want to work for you.

Really, it's true. Just ask attorney Barry M. Willoughby, Chair of the Emloyment Law Department at YCS&T, who is pictured above. The picture features Barry on a recent fishing business trip to Florida, where he managed to wrestle in a 25 lb. grouper. See how happy he looks? Trust me, his loyal team appreciates a good work-life balance in our leaders.

Another thing that should make you happy: During the month of April, the normally subscription-based Harvard Business and Harvard Business Review are both totally free.