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Employment Contracts

Facebook, Google end harassment-arbitration rules

Under pressure from employees, a pair of tech giants—Facebook and Google—revised their policies last month to make private arbitration a choice (rather than a requirement) in employee sexual harassment claims.

Visa sponsorship isn’t an employment contract

By sponsoring a visa application, an employer helps secure an employee’s right to work in the United States. But doing so doesn’t necessarily create any obligation to employ the worker for a set period of time.

Arbitration agreement format details matter

Do you prefer to resolve employment-related disputes through arbitration instead of the court system? Then it’s quite likely that you include an arbitration agreement in your employment application. However, if you don’t get the wording just right, you may not be able to force a case into arbitration.

Are your noncompete agreements too broad?

If your organization makes extensive use of noncompete agreements or is considering implementing them to prevent employees from jumping ship in this hot economy, it’s time to reconsider.

Yes, emailed arbitration agreement is valid

These days, an electronic signature on an acknowledgment receipt is as good as a handwritten signature on a piece of paper. That’s true even for actual contracts such as arbitration agreements.

Arbitration can include preliminary meeting

Drafting an arbitration agreement? You can include a requirement that employees who want to pursue arbitration first meet with management to discuss their work-related issues.

Without acknowledgment of receipt and acceptance, arbitration agreement isn’t valid

If you are implementing a new arbitration agreement, make sure you get every employee’s signature acknowledging that they received it and agree to its terms. What if someone refuses to sign? That means he may not be bound by the terms of the agreement, which means any dispute probably won’t be resolved through arbitration.

States moving to make noncompetes more expensive

Massachusetts this summer became the first state to pass legislation requiring employers to compensate workers who sign noncompete agreements for up to a year if the employer decides to enforce the noncompete.

Remember the final step to make an arbitration agreement stick: Be sure to sign it!

If you want to use arbitration to resolve employment disputes without going to court, you have to make sure you have done everything possible to make that agreement a binding, valid contract.

Better get a lawyer! Details are crucial when drafting employment agreements

When it comes to incentive agreements, it pays to engage an experienced attorney up front to draft the language. Your early investment in legal help will save you time and money later.