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Employment Contracts

Get legal advice before settling with employee

11/12/2008

Sometimes, it’s tempting to offer a disgruntled employee a quick cash settlement in exchange for her signature on a liability release. If a few thousand dollars will avoid an expensive lawsuit, it’s worth it, right? Maybe, maybe not …

Do you have specific rules for calling in sick? They may be contractual

11/12/2008

Employers sometimes come up with some very specific rules for when and how employees must call in to let their bosses know they will miss work. Sometimes those rules become contracts …

Is it legal to ask departing workers to waive FMLA claims?

11/12/2008

Q. In our severance agreements, we typically require a terminated employee to waive all claims, including FMLA claims that could have arisen while the employee worked for us. I’ve now heard that it is improper for employers to get waivers of FMLA rights from existing employees. What should we do?

Include clear nonsolicitation language in agreement

11/10/2008

Don’t be shy about restricting employees from stealing customers when they leave. Your best bet is to include specific language and examples of the sort of solicitation you want to ban.

Have counsel review arbitration agreement

11/10/2008

Do you use an arbitration policy to resolve workplace disputes? If so, it pays to have your attorney review that agreement to make sure it meets Florida contract law standards—especially if you operate in several states and use the same agreement for each location.

Changing employment contract? Get agreement in writing

11/10/2008

If some of your employees work under an employment contract that sets salary and other terms, be careful about changing anything. While you may need to cut salaries during tough economic times, doing so without getting a written modification is risky.

What can we do if former employee might have taken info to competitor?

11/07/2008

Q. Recently, an employee left our company to join a competitor. When we took a look at his computer, we found deleted e-mails and files indicating he downloaded some valuable information about our customers. We suspect he transferred it to our competitor. He was an at-will employee and we had no employment agreement with him. Is there anything we can do about this?

As economic route turns rough, beware these 4 RIF potholes

11/04/2008

Layoffs are in the news. With a recession looming, this necessary evil is on agendas throughout corporate America. A layoff—or RIF—is a tricky, painful process for management, those who lose their jobs and even employees who remain afterward. Here are four critical and often overlooked RIF potholes that can make the route more treacherous than it needs to be …

Do we have any recourse when employee badmouths us on Facebook?

10/30/2008

Q. We discovered that an employee has posted false, profane statements about our company and managers on his Facebook page. What can we do? …

What’s the quid pro quo on noncompete agreements?

10/24/2008

Q. We want current employees to sign noncompete agreements. If we do not offer an employee something of value in exchange for signing the agreement, is it against the law to terminate the employee? If we offer something of value, and the employee refuses to sign, can we terminate the employee? …