04/03/2012
Don’t worry that releases you ask employees to sign in exchange for severance pay aren’t broad enough to cover claims under USERRA or the New York Military Law. As long as the release is clear and unequivocal about what’s being waived, it doesn’t have to specifically reference the laws.
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04/03/2012
Here’s an important note in this rocky economy: Employers are free to change many of the terms and conditions of employment for at-will employees, including changing their compensation.
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03/30/2012
If you want to retain the ability to fire at will, make sure any memos, letters or emails detailing a job offer don’t create an employment contract. That means never promising that termination will be for cause or for any list of reasons.
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03/29/2012
Q. We want to hire someone who signed a noncompete agreement with his current employer. He asked us to indemnify him in the event his employer sues him. What are the legal risks associated with agreeing to indemnify him?
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03/29/2012
Recently, the National Labor Relations Board held that class-action waivers violate employees’ rights to engage in concerted activity. In D.R. Horton, the NLRB said that employers may not compel employees to waive their NLRA rights to collectively pursue litigation of employment claims in all forums, arbitral and judicial. What does that mean for employers?
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03/14/2012
In January, the National Labor Relations Board held that employers may not require employees to sign arbitration agreements that waive their rights to bring class or collective actions. The D.R. Horton decision will probably be appealed. In the meantime, however, the ruling holds important implications for employers.
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03/08/2012
Arbitration agreements have to meet basic contract rules, including one that says both parties must be bound by its terms. Otherwise, the agreement is “illusory” and won’t be considered a binding contract.
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02/15/2012
On Dec. 1, 2011, a unanimous Illinois Supreme Court issued its decision in Reliable Fire Equipment Co. v. Arredondo et al., reaffirming that an enforceable noncompete agreement must be supported by a legitimate business interest.
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01/20/2012
Do you include an arbitration agreement in your employment applications? If so, it may not be enforceable, according to a recent decision by the Court of Appeal of California.
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01/18/2012
In a significant legal victory, the EEOC has persuaded a federal court to limit what employers can include in so-called last-chance agreements. The court concluded that the EEOC was right when it argued that agreements threatening retaliation are illegal ...
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01/05/2012
Creating independent-contractor agreements is not a do-it-yourself job. Always get expert legal help.
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12/30/2011
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.
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12/21/2011
Occasionally, you may decide to create alternative work arrangements based on written agreements. How you do that is crucial to retaining at-will status.
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12/16/2011
The Court of Appeal of California has handed a significant victory to employers that use arbitration agreements as a condition of employment. As long as the underlying terms of the agreement are fair and the arbitration process impartial, the court will send a case to arbitration even if the employee had no choice but to sign the agreement.
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12/14/2011
Minnesota law doesn’t give employers a clear right to demand the return of copied documents when an employee leaves. It’s one reason that you may want an employment contract, noncompete agreement and confidentiality guarantee all wrapped up into one for employees who work with sensitive information.
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