Distributor's Link Magazine Winter 2025 / Vol 48 No 1
54THE DISTRIBUTOR’S
54THE DISTRIBUTOR’S LINKMETROPOLITAN FASTENER DISTRIBUTORS ASSOCIATION233 Rock Road #205, Glen Rock, NJ 07452TEL 201-254-7784 FAX 201-612-0638 EMAIL mfdaboard@gmail.com WEB www.mfda.usTHE BIGGER YOU ARE, THE MOREPROTECTION YOU NEED by Rob RundleAt the MFDA’s fall education meeting at the HiltonHasbrouck Heights, employment law specialist AyeshaHamilton, ESQ talked to an assembled audience ofFastener Distributor owners, employees, GeneralManagers and Independent Sales Representatives aboutsome of the issues facing employers these days, andwhat they could do to protect themselves and theircompanies.Ms. Hamilton shared with the group the importanceof having an Employee Handbook that stands alone, notas a contract with employees, but as an establishedset of standards and expectations for the Employer.She recommended that every company (1) establish ahandbook if they don’t have one already, (2) review with alltheir employees on a yearly basis what is in the handbookand (3) make sure each employee signs a documentstating they have reviewed the training and the handbookafter each annual session. She said in the event of acomplaint from an employee, and an investigation by NewJersey state agencies, one of the first things they willcheck is the presence of a handbook and if it has beenreviewed by the employee – if not the burden may fallmore on the employer to prove the allegations are false.There was a spirited discussion about employeehandbooks including social media restrictions and nondisparagementclauses in the handbook. That thereare not the First Amendment protections in a privateemployer/employee setting that there are if a governmentagency is there employer.ASSOCIATION ARTICLEMs. Hamilton also strongly advised that employersget EPLI (Employment Practices Liability Insurance)and Cyber Insurance. EPLI would act as insuranceagainst claims against your business by current,former, or prospective employees for wrongful actslike discrimination and wrongful termination, and CyberInsurance offers insurance against having to makepayments to criminals who have hacked/are holdingcomputer servers hostage.There was also a discussion of non-disclosureagreements versus non-compete clauses in employmentcontracts. While non-compete clauses are falling outof favor in New Jersey (and nationwide), they have notyet been made illegal and so long as they are morereasonable and tightly controlled, are likely to be upheldin New Jersey. A non-disclosure and no poaching clausein a contract (for a reasonable amount of time) is stilla powerful tool for employers to protect against loss ofbusiness or proprietary information.Finally, Ms. Hamilton counseled attendees thatunless employee behavior was completely egregiousand could be well documented, that employees do notchallenge unemployment claims, “that’s the quickestway to get sued”The MFDA will finish out its 2024 year with itsannual Toys for Tots drive on Tuesday December 3rd at6pm at the Hasbrouck Heights Hilton.To register for the dinner, or to donate to the MFDA’s26th annual event, please visit www.mfda.us.METROPOLITAN FASTENER DISTRIBUTORS ASSOCIATION
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