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Employment Contracts

Stick it to the man! Wait, I am the man!

06/01/2007

A group formed to free restaurant workers from the yoke of exploitation is about to be sued for exploiting them in turn …

Train your managers: Make no promises about wages or raises

06/01/2007

Florida contract law recognizes oral contracts. That’s why it’s important to train all managers and supervisors to avoid promising employees any specific wage increases …

You can include FMLA waiver in severance agreement

06/01/2007

Until recently, it was unclear whether Pennsylvania employers could require employees to give up the right to sue for FMLA violations in exchange for severance payments. That was because the FMLA explicitly says employees can’t waive their FMLA rights as a condition of employment

Paying employees on commission? Clarify terms up front to defend against WPCL claims

06/01/2007

The Pennsylvania Wage Payment and Collection Law (WPCL) allows employees to sue their employers for unpaid wages, including commissions and the like. Because the WPCL allows any wage contract claim, including oral agreements, it’s important for employers to clarify the terms up front and preferably in writing

Make sure agreement doesn’t include no-Lawsuit clause

06/01/2007

Using independent contractors can save money on benefits, overtime, workers’ compensation and a whole host of other costs associated with having employees. But watch out if your agreements with independent contractors include a clause prohibiting them from taking “a position contrary” to their status as independent contractors

Remind employees: As Coke verdict shows, stealing secrets can earn jail time

05/25/2007

The recent sentencing of a Coca-Cola employee who tried to steal (and sell) the secret formula serves as a cautionary tale for your employees about the confidentiality of trade secrets. Here’s a five-step strategy for shoring up your trade-secret walls and making sure confidential info stays in-house.

No need for extra severance when laying off litigious staff

05/01/2007

Employers that want to trim their work force often sweeten the exit with severance payments. In exchange, employees sign away rights to lawsuits they may otherwise have contemplated. But what about employees who already have pending employment discrimination lawsuits or EEOC or state agency complaints?

How to craft noncompete agreements that work under Georgia law

05/01/2007

Georgia’s constitution prohibits contracts that have the effect of defeating or lessening competition. Anti-competition is considered anti-public policy in Georgia, so employers should craft their noncompete agreements with care …

Teach boss to hold his tongue; oral pacts may be binding

05/01/2007

Just because a deal is not written down, that doesn’t mean it’s not enforceable. Oral agreements can be binding contracts in New York under certain conditions, as one Tony Award-nominated theater company learned in March …

Employee’s release holds in asbestos-Related cancer case

05/01/2007

The Michigan Court of Appeals recently ruled that a Grand Trunk Western Railroad employee who signed a liability release for asbestosis in return for a cash settlement could not sue later on when he developed lung cancer …