EMPLOYMENT CONTRACTS

Of MySpace & Money: Don't Try to Muzzle Millennials' Salary Talk 05/13/2008   You’d never discuss how much money you make, right? Dude, that attitude is so 20th century! The 20-somethings you work with eagerly dish about salaries, bonuses and other work topics you might consider taboo. Managers tempted to forbid such talk? Don’t let them! Here's why.

Stay out of court by giving copies of arbitration agreements to employees 05/06/2008   If you aren’t careful, arbitration agreements can leave your company paying more, not less. That can happen when employees file a federal lawsuit regardless of an agreement requiring arbitration. Then the court has to decide whether the arbitration agreement is valid ...

Get legal advice when hiring workers with noncompetes 05/05/2008   When hiring new employees, be aware that they may have signed noncompetes or other employment agreements with their previous employers. Ask if they have. If they did, ask for a copy. Then have your attorney review the terms before you make an offer. Here’s why ...

Can we enforce noncompetes against staff we've laid off? 05/01/2008   Q. Due to the competitive nature of our business, our sales force signs restrictive covenant agreements that prohibit them from working for a competitor for a six- month period. We are about to lay off some of these employees for lack of business. Is the covenant enforceable? ...

Noncompete must be reasonable and necessary to protect legitimate interests 05/01/2008   Many Ohio employers have employees sign noncompete agreements. But before you rush out to have everyone sign, understand that such agreements have important limits. One is that if you sue a former employee, you will have to show that the contract restrictions are reasonable and necessary ...

When a former employee steals customers 04/23/2008   Q. One of our employees left and is stealing our customers. Can we sue him for breach of the duty of loyalty? ...

What HR pros should know about trade secret misappropriation 04/22/2008   When any valued employee leaves, the company experiences a loss. The loss is greater, however, when the former employee departs to work for a competitor and begins using the company’s confidential information or trade secrets. HR has a key role to play in protecting a company’s proprietary information. Here’s how to do it ...

Are noncompetes enforceable on employees who have been fired? 04/09/2008     Q. In Illinois, do noncompete agreements apply even when someone is terminated, as opposed to resigning? ...

Provide real chance to weigh signing separation agreement 04/08/2008   To make a severance agreement involving older workers stick, employers have to follow the Older Workers Benefit Protection Act (OWBPA). The law prohibits releases of Age Discrimination in Employment Act (ADEA) claims unless the agreement meets very specific requirements ...

Landscape changing for noncompete agreements in Texas 04/07/2008   A year and a half ago, the Texas Supreme Court clarified whether employers may require new and existing employees to sign noncompete agreements without changing their at- will status. The court concluded they can—as long as the employer provides proper consideration in return ...

Contract disclaimers in handbooks preserve at-Will status 04/01/2008   While employee handbooks are essential, be careful. If they are worded improperly, they can tie employers’ hands—and may even create employment contracts that remove the at-will status that allow employees to be terminated for any legal reason ...

Advice, please: How should we implement our first severance pay packages? 04/01/2008     Q. Due to economic conditions, we are planning to let go three employees from our 30-person work force. We are planning to provide these employees with four weeks’ pay if they sign a release of all claims. We have never provided severance pay before and have no policies governing the practice. What advice can you give us? ...

Don't let flawed noncompete agreement break the bank 04/01/2008   Lots of employers use noncompete agreements to protect against unfair competition from former employees. But a poorly drafted noncompete agreement—e.g., one you obtained from a form book or the Internet—may create serious legal pitfalls ...

Caution on mandatory arbitration! Decisions almost impossible to overturn 04/01/2008   Lots of employers insist their employees sign agreements mandating arbitration to resolve employment law disputes. Conventional wisdom suggests that such alternative dispute resolution is less costly, less time-consuming and less risky than a jury trial. But conventional wisdom may be wrong ...

Using an arbitration agreement? Keep detailed records of employee acceptance 04/01/2008   If you use an arbitration agreement or have any other contract-based arrangements with employees, make sure the company keeps all records showing when and how the agreement was presented or signed. You may need that information many years later ...