Employment Contracts

Check calendar when employee files lawsuit covered by employment agreement

10/26/2009

A federal court hearing a North Carolina case has dismissed a discrimination lawsuit based on failure to file that lawsuit within a shortened time limit that the parties had agreed they would use.

Seek attorney’s help on noncompete agreements

10/05/2009

It’s important to carefully tailor noncompete agreements, also known as covenants not to compete. Employers can prohibit employees from poaching customers, but it’s essential to have an attorney help you craft a covenant that will prevail in court.

Court: Electronic arbitration agreements are valid

10/01/2009

The New Jersey Supreme Court has ruled that arbitration agreements that exist only in electronic form are valid and binding.

Can handbooks create employment contracts?

09/29/2009

Q. I have heard that an employee handbook can create a contract between the employer and the employee. Is this true? If so, can this be prevented?

ERISA can send contract case to federal court

09/28/2009

Employment agreements are contracts. When disputes arise, they’re typically litigated in state courts because they involve state contract laws. But under the right circumstances, the Employee Retirement Income Security Act (ERISA) may apply to the agreement, effectively making the contract a protected benefit plan.

Include past conduct in ‘for-cause’ clause

09/23/2009

If you use employment contracts for key employees, and those contracts include a “for cause” discharge clause—essentially allowing you to terminate the contract (and employment) for specified reasons—include a paragraph that includes acts or omissions that occurred before the contract was signed.

Put teeth in your arbitration agreements! Make sure employees acknowledge them

09/02/2009

If you use mandatory arbitration agreements, take the extra time to make sure courts will enforce them. In New York, that means showing that the applicant or employee knew that getting and keeping her job required agreeing to arbitration of all employment disputes.

What should we do? We may need to terminate one of our founding partners

08/28/2009

Q. My company, a North Carolina corporation, has only four employees, all of whom are equal shareholders. We don’t have employment contracts. May three of us decide to terminate the employment of the other, a 25% shareholder?

Should we require a nondisclosure agreement?

08/26/2009

Q. Should we require new employees to sign a nondisclosure agreement in order to protect our trade secrets, customer lists, etc.?

Call lawyer when changes mean employees must sign releases

08/25/2009

Sometimes, it pays to take the time and spend the money to have legal experts carefully review your proposed actions. That’s especially true if your company is changing the way it does business in a fundamental way and wants employees to sign off on changes that dramatically affect how they are paid or whether they remain employees.