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Employment Contracts

When former employees compete: Getting noncompetes right

07/09/2008
Good employees, especially those in sales or professional services positions, can quickly turn into enemies when they quit. Employers frequently require those employees to sign employment agreements containing noncompete and nonsolicitation restrictions when they start work. However, Illinois courts generally do not favor these kinds of restrictions and will look at them very closely. In fact, our courts are quite likely to rule in favor of employees …

Does your organization need insurance against employee lawsuits?

07/01/2008

No matter how careful employers are, they still can be sued. Recognizing the risk, more employers are choosing to protect themselves with employment practices liability insurance (EPLI), which covers your organization if it’s hit with an employment lawsuit. But it’s important to know which coverage is right for you …

Paying for noncompete agreement?

07/01/2008
Q. We are a small company that has to aggressively market ourselves to our customers in order to compete with larger suppliers. To protect our client base, our COO wants to require our sales force to sign a noncompete/
nonsolicitation agreement. If we want our salespeople to sign off on a noncompete agreement, do we have to give them anything in exchange, like a bonus? …

About those waiver-and-Release agreements

07/01/2008
Q. Are there any special requirements for waiver-and-release agreements? …

Terminations: 6 steps to ensure firing won’t backfire

07/01/2008
In most states, workers are employed on an “at will” basis, meaning they can leave the company at any time. Conversely, employers typically retain the right to terminate workers at any time for any legal, nondiscriminatory reason. Courts continue to chip away at the at-will doctrine, providing less flexibility to employers. This has led to an increase in wrongful discharge lawsuits …

HR Specialist Editors Bring You the Best from SHRM Chicago

06/24/2008
For a week each year, the Society for Human Resource Management’s Annual Conference becomes the center of the HR world. HR Specialist editors have joined 13,000 of our peers in Chicago this week for four days of professional development covering HR’s hottest topics and presented by the profession’s  leading experts. Here’s some of the best from the world’s biggest HR conference.

Sometimes settling a claim is the smartest thing to do

06/10/2008
Have you considered settling a claim instead of fighting it tooth and nail? Sometimes, that’s the smartest course of action—even if you believe your company didn’t do anything wrong. If you do decide to settle, make sure you ask your attorney to ensure that the terms and conditions are airtight …

Dealing with a fired employee who signed an arbitration agreement

06/03/2008
Q. All of our applicants sign an arbitration agreement. Recently, for the first time, an employee we fired (he had signed the agreement) had a lawyer send us a letter complaining about his termination. Can we use the agreement to prevent the employee from filing a claim for unemployment benefits or a charge of discrimination? …

Good news: Employees have just two years to file sales commission complaints

05/27/2008
It could have been the case that employer nightmares are made of—but the 7th Circuit Court of Appeals saved the day. Interpreting Indiana law, the federal court ruled that employees have just two years to sue over disputed sales commissions, not the 10 years a former employee argued for …

A settlement’s a settlement, court rules

05/27/2008
Once the legal bell tolls, you can’t un-ring it. So learned a South Bend educator who this spring sought to overturn an employment law settlement she had seemingly agreed to four years ago …