Employment Contracts

Are there alternatives to noncompete agreements?

12/08/2009

Q. I have certain employees that I don’t want leaving my business to work for a competitor. I am leery about using a noncompetition agreement because I know that courts can be hostile toward them. I understand they can cost a lot of money in legal fees to enforce. Are there any alternatives for me to consider?

Oral agreements may be too vague to be enforceable

12/03/2009

Oral agreements are as binding as written ones, but they can be considerably less precise. Consider this case, in which a disgruntled employee claimed an oral agreement affected future compensation:

Draft arbitration agreements as broadly as possible

11/11/2009

If your organization uses arbitration agreements to help keep employment disputes out of court, make sure the agreement is drafted to be as broad as possible. Your best bet: Have an attorney write or review the agreement.

Beware promises about schedules, retention that could create an employment contract

11/02/2009

Texas is an at-will employment state, which means employers are free to fire employees for any nondiscriminatory reason unless an employment agreement or union contract specifically says otherwise. But what if an employer promises an employee a better schedule or that she’ll be retained for a specific period of time? Does that create a contract, thus jeopardizing at-will status?

Make sure FMLA eligibility form doesn’t create a contract

10/30/2009

A federal court has refused to accept the notion that a standard FMLA eligibility form sent to an employee creates a contract.

Check calendar when employee files lawsuit covered by employment agreement

10/26/2009

A federal court hearing a North Carolina case has dismissed a discrimination lawsuit based on failure to file that lawsuit within a shortened time limit that the parties had agreed they would use.

Seek attorney’s help on noncompete agreements

10/05/2009

It’s important to carefully tailor noncompete agreements, also known as covenants not to compete. Employers can prohibit employees from poaching customers, but it’s essential to have an attorney help you craft a covenant that will prevail in court.

Court: Electronic arbitration agreements are valid

10/01/2009

The New Jersey Supreme Court has ruled that arbitration agreements that exist only in electronic form are valid and binding.

Can handbooks create employment contracts?

09/29/2009

Q. I have heard that an employee handbook can create a contract between the employer and the employee. Is this true? If so, can this be prevented?

ERISA can send contract case to federal court

09/28/2009

Employment agreements are contracts. When disputes arise, they’re typically litigated in state courts because they involve state contract laws. But under the right circumstances, the Employee Retirement Income Security Act (ERISA) may apply to the agreement, effectively making the contract a protected benefit plan.