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Employment Contracts

Make sure employment contract language spells out employees’ ‘at will’ status

02/01/2008

Does your organization use an employment contract for some employees? If so, does that contract specify that either party can terminate the agreement for any or no reason at all? If not, insert that language right away. It will help you retain maximum control over the work force while benefiting from having the other terms and conditions in writing …

Arbitration may not bar class action

02/01/2008

Two managers at Dynamics Research brought a wage-and-hour class-action suit under the Fair Labor Standards Act (FLSA) and Massachusetts law. The company asked the court to throw out the class action because it said it had a “Dispute Resolution Program” that required arbitration and disallowed class-action suits. The managers said the way the company instituted the dispute resolution process made it invalid …

A Georgia employer’s guide to creating restrictive covenants

02/01/2008

Georgia employees are generally free to compete against their former employers, solicit their customers and employees, and even use or disclose any confidential information that can’t be classified as a “trade secret.” This can be disastrous for employers. But there’s some good news for employers

Make sure you pay what contract states

02/01/2008

Indiana employers, listen up! Pay your workers what you say you will pay them, or get ready to pay a lot more. Employees can sue for unpaid wages under the Indiana Wage Payment Act and collect three times their unpaid wages. That can add up quickly …

Pay commission? Make sure contracts are clear about terms

02/01/2008

Commissions are a great way to motivate some employees to work harder. Usually a contract spells out the commission terms and how the payments work. But if the contract is the least bit unclear, expect trouble—especially if someday you have to discharge a commissioned salesman for poor performance …

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? …

Sample Policy: Computer Usage

01/01/2008
The following sample policy was excerpted from The Book of Company Policies, published by HR Specialist, © 2010. Edit for your organization’s purposes. _____________________________ “Employees have access to one or more forms of electronic media and services (computers, e-mail, telephones, voice-mail, fax machines, external electronic bulletin boards, wire services, on-line services, the Internet and the […]

Sample Policy: Internet Usage

01/01/2008
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You don’t have to raise arbitration at the EEOC stage

01/01/2008

If, like many employers, you would rather avoid litigation by relying instead on arbitration to settle workplace disputes, you probably know that employees still may take their claims to the EEOC. That’s because the agency claims an interest in knowing whether employers are following the nation’s anti-discrimination laws. But it’s perfectly legal to force an employee into arbitration over those same claims …