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Employment Contracts

Make arbitration agreements separate documents, not part of your handbook

01/31/2018
If, like many employers, you have neglected updating your employee handbook, now is a good time to do so. That’s particularly true for Texas employers that use arbitration agreements to keep employment law disputes out of court.

Pennsylvania bill would restrict noncompetes

01/26/2018

A bill before the Pennsylvania General Assembly would make Pennsylvania one of the states most hostile to noncompete agreements. Pennsylvania House Bill 1938 would prohibit all “covenant[s] not to compete,” other than those resulting from the sale of a business or the dissolution of or dissociation from a partnership or limited liability company.

One case, two destinations: Arbitration and court!

01/23/2018

Here’s a decision that may complicate matters for employers that use arbitration agreements to keep employment disagreements out of federal courts.

Court of Appeal rules multiple arbitration agreements are permissible

01/23/2018

Employers that want to arbitrate all employment-related disputes have won support from California’s state appellate court system, which ruled it acceptable to create different arbitration agreements for different employment-related purposes, each with different terms and conditions.

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.