Employment Contracts

Can we require repayment of moving expenses if a new employee quits?

08/22/2008

Q. Our company plans to hire a manager who will move to North Carolina from out of state. We will pay her moving expenses. Can we recoup those payments if she quits after moving here? …

Pending legislation would change labor relations landscape

08/19/2008

Presently pending before Congress are two bills that could dramatically change labor relations across the United States. The Employee Free Choice Act (EFCA) would amend the National Labor Relations Act to establish a new system that would enable employees to form and join labor unions. The Public Safety Employer-Employee Cooperation Act of 2007 would bolster unionizing efforts among police officers, firefighters and emergency medical workers nationwide …

Can we ask current employees to sign noncompete agreements?

08/12/2008

Q. Is it possible for an employer in Minnesota to enter into an enforceable noncompete agreement with an existing employee? …

How can our process elicit more specifics when the union files grievances?

08/08/2008

Q. We have a lot of trouble with our employees’ union in terms of processing grievances. The form the union uses does not provide enough information for my HR office to determine if the grievance has merit or not. We would like the union to identify the contract provision that it believes has been violated, along with sufficient facts to understand the issue. Any thoughts? …

Courts hesitate to intervene in church leaders’ employment disputes

08/05/2008

While many employees who work for religious organizations are covered by state and federal discrimination and contract laws, some are not. Those positions that involve execution of religious doctrines probably aren’t covered …

Arbitrating claims? Chances are appeals court will uphold decision

08/04/2008

When employees and employers freely agree to arbitrate disputes and submit those disputes to an impartial decision-maker, chances are a federal court won’t reverse that decision. In fact, courts are required to resolve doubts in favor of arbitration, so those who try to bring lawsuits don’t get a “second bite at the apple.”

Your attorney’s expertise is key to crafting severance agreements that stick

08/01/2008

Are you going to discharge an employee you suspect may sue for retaliation or discrimination? Then you probably have already considered softening the blow with a severance agreement. Sometimes money has a way of preventing expensive and time-consuming lawsuits …

Pair of cases shows how you can legally use arbitration, but standards are high

07/18/2008

Two recent cases involving arbitration clauses in employment demonstrate the danger of relying on arbitration agreements to avoid litigation. Federal courts decided one case, while California’s appellate courts decided the other. Both found unconscionable the arbitration agreements employers used. Therefore they were invalid …

Caution: Hiring applicant who signed noncompete spells trouble

07/11/2008

As noncompetition agreements become more and more popular with employers, it’s becoming easier for you to unknowingly hire someone who has already signed an agreement with a previous employer. All the ensuing complications lead more employers to ask themselves whether they should (or even can) legally hire an employee bound by a noncompete agreement with a former employer …

Radio station manager’s promises strike a sour note

07/09/2008

Kassie Dargo worked on-air and in sales at classic rock WLUP-FM radio in Chicago. In March 2007, Rob Morris, program director of Clear Channel’s top-40 KDWB-FM in Minneapolis, contacted Dargo to recruit her for a morning co-host position …