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Employment Contracts

Arbitration agreement leads to … arbitration!

12/24/2014
Good news for employers that use arbitration agreements: Cali­­for­­nia will send such cases to arbitration even if they start as collective actions—if the arbitration agreement is clear, separate from other handbook provisions and not unconscionable.

Warn your supervisors: Oral promises can be binding

11/17/2014
Make sure managers know that promises don’t necessarily have to be in writing to be binding. The more specific the promise, the more likely a court could hold you to it.

Watch out for rivalry that could spawn lawsuit

11/13/2014
In highly competitive fields, it’s not unusual for bosses and subordinates to distrust one another. But when that distrust leads to one party badmouthing the other, that can spawn a lawsuit.

Words matter! Boss’s oral promise can become binding if it’s definite enough

10/08/2014
Here’s a warning for supervisors and managers. When transferring an employee to another position, make sure you don’t make promises that create an employment contract. Such promises, under New York state contract law, don’t necessarily have to be in writing. Fortunately, they do have to be specific.

Don’t limit your legal options! Beware vague arbitration agreements

09/19/2014
The Court of Appeal of California has held that an employer cannot compel arbitration of a wage claim when the language in the parties’ arbitration agreement excluded wage-and-hour claims.

Draft arbitration agreement to limit litigation

07/23/2014
Using arbitration agreements can save time and money by keeping cases out of the court system. But if the agreement isn’t drafted well, the end result may be more litigation rather than less.

California Supreme Court issues key arbitration decision

07/23/2014
The California Supreme Court has issued a long-awaited decision in an important arbitration case. The decision is generally good news for employers seeking to use class-action arbitration waivers to deter wage-and-hour class actions. It’s less helpful to those attempting to fight off wage-and-hour “representative” actions.

Separation agreements: Use arbitration agreements instead of claims releases?

07/15/2014
Q. We have seen that some companies are requiring their employees to agree to arbitration rather than a release of claims in their separation agreements. Is this an alternative worth exploring?

Want arbitration agreement to stick? Get expert help, especially with translation

06/24/2014
Here’s a warning for employers that want to use arbitration to solve employment-related problems without expensive litigation: Don’t expect to draft the agreement yourself, modify something you find on the Internet or use an English version when employees speak another language, such as Spanish or Viet­­namese.

Specify which state’s laws apply to arbitration agreements covering teleworkers

05/23/2014
If you happen to use an arbitration agreement in employment contracts for out-of-state telecommuters, be aware that you may have to specify what state law you want to apply to the contract. Otherwise, the court will likely presume the employee’s state of residence applies.