Posts in Indiana

Showing 2 posts in Indiana.

The Blue Pencil Doctrine is Always an Eraser

December 16, 2019 by Hinshaw & Culbertson LLP

Under Indiana law, courts have routinely employed the "blue pencil doctrine" to revise noncompetition agreements that they have deemed to be unreasonable. Specifically, a court will delete the problematic terms and enforce the remaining parts determined to be reasonable. Traditionally, the doctrine has been strictly applied to only be an "eraser"—where a court can delete, but never add terms. However, what happens when the contract itself contains a provision that authorizes a court to add terms to fix a contractual problem? More ›

| Email | Print | Topics: Blue Pencil Doctrine, Indiana, Indiana Supreme Court, Noncompetition Agreement

Electioneering at the Water Cooler: Protections and Pitfalls of Politics in the Workplace

November 15, 2019 by Corey J. Swinick

With the 2020 U.S. Presidential Election less than a year away, political conversations and activities are seeping into almost every aspect of daily life—even the workplace. While discussions on the topic can be harmless, they may also be heated. The Seventh Circuit's decision in Daza v. State of Indiana serves as a cautionary tale and reminder to both public and private employers to proceed with caution when it comes to politics in the workplace. More ›

| Email | Print | Topics: Civil Rights, Discrimination, First Amendment, Indiana, Political Affiliation, Political Discrimination, Politics, Presidential Election, Workplace Discrimination

The Blue Pencil Doctrine is Always an Eraser

Electioneering at the Water Cooler: Protections and Pitfalls of Politics in the Workplace

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