Employment Contracts

Beware promises made during hiring process

01/23/2018

What managers say during the hiring process can spell trouble later if anything they say sounds like a promise that induces a candidate to accept a job offer and the employer fails to follow through.

Arbitration won’t work on wage claims if agreements are too one-sided

01/03/2018

If you structure an arbitration agreement so it takes away too many employee rights, you may find yourself in federal court anyway—first to litigate the validity of the agreement and then to try the case.

Court says clicking online button makes arbitration agreement binding

11/29/2017

A federal court considering California contract law has ruled that an arbitration agreement presented in an online click-through form is contractually valid.

Line up timing, consideration to make noncompetes binding

11/21/2017

Unless you get expert help drafting the agreement, your noncompete agreement may backfire. If you don’t follow Minnesota rules, you may end up with a contract that’s invalid and can’t be enforced.

Offering employee investment? Track response or lack thereof

11/01/2017

Sometimes, you may want to offer certain highly skilled, key employees an opportunity to acquire an equity stake in the business. Be sure to have your attorney draft the contract. Then follow up by documenting either the employee’s signature or her objections and lack of agreement.

Beware oral contracts on top of written ones

11/01/2017

Think a simple written employment contract precludes other oral contracts? Think again. It is quite possible in California for an employee to win an oral contract claim despite an apparent written contractual agreement that seems to preclude just that, as a recent case shows.

Weinstein harassment case could advance arbitration bill

10/12/2017

Allegations of rampant sexual harassment and abuse by movie producer Harvey Weinstein might create momentum to pass legislation limiting the use of mandatory arbitration agreements in the workplace.

NLRA doesn’t bar unrelated arbitration

10/06/2017

The National Labor Relations Act lets workers file unfair labor practice complaints with the National Labor Relations Board. But that doesn’t mean employers can’t have workers sign arbitration agreements for employment-related claims, according to a recent federal court decision.

Supreme Court tackles workplace arbitration

10/05/2017

The first day of the U.S. Supreme Court’s 2017-2018 term may go down as “an epic day for employers,” according to court-watchers analyzing oral arguments in a case that will likely decide the extent to which employers can compel employees to arbitrate work disputes instead of taking class-action lawsuits to court.

Beware one-sided arbitration agreements, which courts are liable to toss out

10/03/2017

Arbitration agreements can be a great way to save time and money on litigation should an employee accuse you of violating employment laws. But unless the agreement is properly drafted, it can be struck down.