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Employment Contracts

Yes, emailed arbitration agreement is valid

09/20/2018
These days, an electronic signature on an acknowledgment receipt is as good as a handwritten signature on a piece of paper. That’s true even for actual contracts such as arbitration agreements.

Arbitration can include preliminary meeting

08/27/2018
Drafting an arbitration agreement? You can include a requirement that employees who want to pursue arbitration first meet with management to discuss their work-related issues.

Without acknowledgment of receipt and acceptance, arbitration agreement isn’t valid

08/27/2018
If you are implementing a new arbitration agreement, make sure you get every employee’s signature acknowledging that they received it and agree to its terms. What if someone refuses to sign? That means he may not be bound by the terms of the agreement, which means any dispute probably won’t be resolved through arbitration.

States moving to make noncompetes more expensive

08/16/2018
Massachusetts this summer became the first state to pass legislation requiring employers to compensate workers who sign noncompete agreements for up to a year if the employer decides to enforce the noncompete.

Remember the final step to make an arbitration agreement stick: Be sure to sign it!

06/27/2018
If you want to use arbitration to resolve employment disputes without going to court, you have to make sure you have done everything possible to make that agreement a binding, valid contract.

Better get a lawyer! Details are crucial when drafting employment agreements

06/26/2018
When it comes to incentive agreements, it pays to engage an experienced attorney up front to draft the language. Your early investment in legal help will save you time and money later.

If former employee sues you, you may be able to file a counter-claim against him

06/12/2018
It’s probably not in your best interest to jump the gun and sue a former employee if he hasn’t sued you. However, it may make sense if the former employee has initiated legal proceedings against you.

Stress doesn’t invalidate employee signature on waiver

06/07/2018
Terminated employees often receive a severance payment in exchange for waiving the right to sue. Employees considering such an offer may feel stressed out, considering they are about to be fired. Their stress won’t invalidate an otherwise fair waiver.

Make sure arbitration agreements stand alone

05/31/2018
Before you rush to make arbitration agreements a centerpiece of your legal risk management strategy, understand what they are and what they are not.

Arbitration agreements only work if signed in advance

05/24/2018
Don’t have an arbitration agreement in place? Don’t expect to implement one after an employee has filed a class-action lawsuit.