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Employment Contracts

Must arbitration agreements be initialed by employer and employee?

03/01/2008
Q. My company implemented an employment arbitration program several years ago, applicable to employees in all states, including Georgia. I recently have been told that Georgia law has special employment arbitration rules requiring that both the employer and the employee initial arbitration agreements in order to be enforceable. Is this true? We don’t do this …

Problems with obtaining FMLA and wage-and-Hour releases

03/01/2008
There are many reasons why employers need to obtain releases of liability and of potential claims from their employees from time to time. But in some circumstances in North Carolina, it may be difficult—or even impossible—to get a valid release from an employee. Wage-and-hour claims and FMLA claims present possible traps for uninformed employers …

Recouping training costs when workers leave

03/01/2008
Q. It costs a lot to train new employees, so naturally we are upset when those employees leave. They benefit from the training, and we are out the cost. Can we recover training costs if an employee leaves? …

Binding employees to noncompete agreements

03/01/2008
Q. We want to bind existing employees to a new noncompete agreement. Can we simply make agreeing to the contract a condition for continued employment? …

Warning: Draft clear compensation agreements to avoid needless litigation

03/01/2008
Texas contract law grants great leeway to employers that create incentive payment plans, especially when it comes to how employers calculate what payment is due employees. Essentially, if the incentive plan says the employer has the right to interpret the agreement language and its decision is final and binding, courts won’t interfere unless the employer interprets it in bad faith …

Make sure written employment contracts exclude oral promises

02/01/2008

It’s tempting for hiring managers to oversell positions they desperately want to fill. Although HR should warn them not to make promises the organization can’t keep, it happens. That’s why every written employment agreement and offer letter should contain explicit language limiting the terms to what actually appears in writing …

Are we required to explain why we discharged an employee?

02/01/2008

Q. My company recently terminated an employee. The employee claims that she is entitled to a letter outlining the reasons for her discharge. Is she correct? If so, how much information must we provide the discharged employee? …

Can we withdraw a job offer if candidate wants to negotiate?

02/01/2008

Q. We recently extended an offer of employment. However, after accepting the position, the candidate tried to renegotiate his salary and vacation benefits. Can we withdraw our offer of employment? …

Mandatory arbitration agreements won’t always save you money

02/01/2008

Civil court cases can cost employers large amounts of time and money to resolve. Increasingly, employers have embraced arbitration as a way to curb these costs. But before you have all employees sign arbitration agreements, be sure to consider all the costs. You may find that arbitration isn’t the cost-effective strategy you think it is … 

If you ignore legal notice, you lose

02/01/2008

Ignoring any legal papers that land on the receptionist’s desk may spell big trouble. If you don’t answer a lawsuit in time, whoever filed the lawsuit gets an automatic win …