EMPLOYMENT CONTRACTS

Employee's sophisticated negotiation skills may help make employment contract binding

04/24/2017
Are you negotiating an employment contract with an applicant for a high-level position? If the applicant actively participates in that negotiation and makes counter-offers to the terms you propose, chances are a court won’t later throw out the agreement even if it includes an arbitration clause.

Your call: Pay lawyer a little now... or a lot later

03/16/2017
Sometimes, it pays to take the time and spend the money to have legal experts carefully review your proposed actions.

The one time it's good for your handbook to be a contract

03/03/2017
An employer has won the right to pursue a contract counterclaim against a former employee based on a provision in the employee handbook.

Microbrewery alleges former exec spilled trade secrets

02/17/2017
Summit Brewing in St. Paul is suing its former vice president of sales for providing trade secrets to a direct competitor.

Union arbitrator can decide guilt, but not punishment

02/16/2017
If an agreement includes specific disciplinary provisions, it’s up to an arbitrator to determine if an employee violated the rules. But if the agreement spells out the punishment, the arbitrator is not free to modify the penalty.

Keep complete records of settlement talks

02/09/2017
Sometimes, it’s better to settle an employee’s complaint than to litigate it. If you do, be sure to carefully document the entire process.

Could you prove employee really signed agreement?

01/30/2017
If you use arbitration agreements to resolve workplace disputes, make sure you can prove that the employee actually agreed to the terms.

Employee representing herself? Document all parts of settlement process

01/11/2017
Carefully document the settlement process. Be able to prove you suggested having the employee ask a real attorney to review the proposed settlement.

Even in California, arbitration agreement can be valid if employee knowingly signed it

12/22/2016
A federal court has ordered an FMLA interference case to be sent to arbitration pursuant to an agreement an employee signed when he was hired.

Arbitration agreement applies after discharge

12/12/2016
A federal court has ruled that an arbitration agreement that purported to apply to just about all possible employment-related claims now and in the future can also apply to subsequent failure-to-hire claims.

Strip club's stage lease doesn't stop wage lawsuit

12/06/2016
An exotic dancer at Philadelphia’s Gold Club can sue under the Fair Labor Standards Act, following a ruling by a federal appeals court panel.

It's up to you to prove worker signed contract

11/28/2016
It’s not enough to show the agreements were on an application or in the handbook and that the company policy required them to be signed.

Appeals court ruling: USERRA claims can go to arbitration

11/28/2016
The 9th Circuit Court of Appeals has ruled that service members in the armed forces seeking to enforce the Uniformed Services Employment and Reemployment Rights Act can be compelled to arbitrate rather than litigate in federal court if they signed an arbitration agreement.

Don't bury arbitration in your handbook--disclaimer could compromise agreement

11/28/2016
Don’t bury an arbitration agreement in an employee handbook that includes a disclaimer stating that the handbook is not a contract.

Contracts should spell out at-will employment

10/20/2016
It’s unusual, but sometimes a written offer of employment for a specific time period can overcome the usual presumption of at-will employment. Note, however, that other documents may stipulate that employment is at-will—and they will stand up in court.
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