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Employment Contracts

Sample Policy: Noncompete Agreements

01/01/2007
The following sample policy was excerpted from The Book of Company Policies, published by HR Specialist, © 2011. Edit for your organization’s purposes and related state law. _____________________ “The undersigned understands and agrees that the Company has a vital interest in retaining the loyalty, fidelity and continued employment and association of its employees and customers. […]

Contract expired? Continuing to work extends the terms

01/01/2007

If your employees sign employment contracts, you should be aware of a quirk in New York state contract law. It says that when employees continue doing the same job after their contracts expire, the original contract terms still apply …

Set objective criteria for renewing employee contracts

01/01/2007

A former math teacher at Canisius High School in Buffalo recently filed suit against the school, alleging she was wrongly denied tenure despite her excellent reviews …

Whistle-Blower claims can be forced into arbitration

01/01/2007

Texas law makes it illegal to discipline health care workers for reporting wrongdoing to authorities. But when such employees feel they’ve been retaliated against for blowing the whistle, they can’t automatically run to court …

Contract will still stick, even if employee fails to read it

12/01/2006

When faced with a multipage employment contract, some job candidates and employees may be tempted to skip a careful reading before they sign on the dotted line. But state courts won’t excuse employees who claim that they didn’t understand the employment terms because they never read them …

Review your severance packages; EEOC tightening scrutiny

12/01/2006

When employers offer severance packages, they often ask employees to waive their rights to sue the employer. That’s a smart strategy, but small discrepancies in the agreement’s wording can make the difference between a successful severance package and a call from the EEOC …

Build a Sturdy ‘Escape Hatch’ Into Your Organization’s Discipline Policy

12/01/2006

Does your employee handbook outline a progressive discipline process and also include a contract disclaimer? If so, you may think the disclaimer prevents employees from claiming that the discipline policy was a "contract" that can’t be skipped over in favor of instant termination. But you’d be wrong …

Oral promise of extra pay is as binding as contract

12/01/2006

In Georgia, employers that promise to pay a bonus, commission or other extra compensation to employees had better be prepared to follow through. Even though those promises aren’t in writing, employees may be likely to hold you to any supervisor’s spoken promises …

Make sure your arbitration agreement is valid in Texas

12/01/2006

Arbitration agreements, in which employees give up their rights to go to court and instead submit their cases to arbitration, can be a great way to avoid unpredictable juries, negative publicity and the expense of a full-blown lawsuit. But if the agreement isn’t worded just right, you may end up with more expense and lost time rather than less …

Texas Supreme Court eases limits on noncompete pacts

11/01/2006

If you’ve shied away from using noncompete clauses with employees in the past due to the unpredictability of their legality in Texas, it’s time to rethink that strategy. Reason: The Texas Supreme Court last month reversed its 12-year-old precedent on compete contracts for at-will employees, and the news is good for Texas employers …