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Employment Contracts

Phrase job offers carefully to avoid confusion, lawsuits

Issue: What you don’t say in a job-offer letter may be just as important as what you do say. Risk: Fired employees may try to use poorly written job-offer letters …

Don’t oversell job openings; you’ll risk a fraud lawsuit

Issue: Misrepresenting a job offer by failing to disclose key facts or overselling the position.
Risk: Hiring managers who don’t tell the full story about a job could expose the …

Stop ‘cybersquatters’ who try to hijack your Web address

Issue: How to secure the rights to Internet domain names that are related to your organization and its products.
Benefit: You have the legal right to prevent cybersquatters from usurping …

Employment contracts: Can your workers claim an ‘implied’ contract?

Issue: Drafting a legally sound employment contract and avoiding “implied contract” claims.
Benefit/risk: While employment contracts can offer your organization additional legal rights, they also expose you to new legal …

Stop disgruntled staff from hijacking your Web domains

Issue: Former employees with an ax to grind against your organization can register Web domain names that your organization may want for itself. Benefit: You can prevent them from doing …

Craft a ‘last-chance pact’ with on-the-ropes employees

Issue: Written “last-chance agreements” give poor-performing employees one final opportunity to shape up. Risk: Some fear that last-chance pacts will violate the Americans with Disabilities Act (ADA). Action: Go …

Don’t ‘Oversell’ a job opening


Avoid the temptation to lure star applicants by painting an overly rosy financial picture of the organization or making misleading statements about job security. One faulty promise could lead to a fraud lawsuit …

Don’t break severance promise to employee

If your organization’s execs grumble about not wanting to pay a promised severance package, point them to this case: A company president refused to fully honor Donald Chisholm’s severance package as …

You can enforce ‘last-chance’ pacts with on-the-ropes employees

Last-chance agreements are signed pacts between employers and employees that provide workers accused of serious misconduct one last chance to shape up. They’re common in cases involving alcohol abuse, drug abuse …

Don’t break severance promise, you may be personally liable

A company president refused to fully honor employee Donald Chisholm’s severance agreement, even though it was clearly spelled out in Chisholm’s employment contract. So Chisholm sued for breach of contract and …