Employment Contracts

Don’t ask employees to sign away their FMLA rights

09/01/2005

In severance agreements, employers typically require employees to sign promises not to file employment-related lawsuits. But don’t try to include FMLA rights in that
waiver.
Why? A new ruling …

Clarify ‘for cause’ terminations in severance-pact wording

09/01/2005

Issue: Severance agreements that deny severance payments to employees fired “for cause.”
Risk: Failing to clarify “for cause” could result in having to pay severance to people fired for blatant …

Go overboard to clarify details in age-discrimination waivers

07/01/2005

When terminating employees, it’s smart to ask them to sign agreements that waive their rights to sue your organization for discrimination or wrongful discharge. Typically, employers wrap such waivers into severance …

Don’t ‘oversell’ the job; oral promises can bind you

07/01/2005

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Review severance pact for clarity; define ‘for cause’ terminations

06/01/2005

Many employers offer severance to soften the blow of terminations and to buy a little insurance against lawsuits. But for those agreements to be enforceable, it’s important that you define the …

Prevent the damage from employee defections

06/01/2005

Issue: How to stop employees from disclosing confidential data, or jumping to a competitor and stealing your employees.
Benefit: You can stop defectors from raiding your business, but only if …

Arbitration agreements: Draft legal pact to stay out of court

05/01/2005

THE LAW. Alternative dispute resolution (ADR) is a less costly way of resolving employment conflicts than going to court Also, good ADR programs often end up being a more peaceful forum …

Can you limit employees’ time to file suit?

03/01/2005

An employee’s ability to sue your organization expires at different times under various employment laws. For example, in most states, employees can file sexual harassment lawsuits within 300 days of the …

The new risks of premature job offers

02/01/2005

Rescinding job offers just got more legally dangerous. As incredible as it sounds, if you pull the rug out from a candidate’s job offer, the person may be able to sue …

Revamp employment contracts to account for new tax rules