Employment Contracts

Handbooks: 5 simple steps for preserving at-will status

12/07/2012

The easiest way to make sure employees understand that they are employed on an at-will basis is to place disclaimers throughout your employee handbook. Five key elements will help those disclaimers stand up in court if an employee ever mounts a legal challenge to at-will employment.

Want to arbitrate employment disputes? Ensure handbook doesn’t nix arbitration contract

11/01/2012

Some North Carolina employers include an arbitration agreement in their employment policies. Such agreements are legal and enforceable if they form a contract. But employers that include arbitration agreements in their employee handbooks may be making a mistake if they also declare that the handbook itself isn’t a contract.

Can we limit employee freelancing?

10/27/2012

Q. I recently found out that one of our designers has been freelancing on the side. It doesn’t seem to be interfering with her work, but is there anything we can do legally to protect the interest of the company?

California Supreme Court to weigh class-action waivers

10/22/2012

The California Supreme Court has agreed to review a case that enforced a class-action waiver and required a limousine driver to arbitrate his wage-and-hour claims.

Strict noncompete agreement? Don’t expect it to stick

09/21/2012

Here’s a warning if you use so-called noncompete agreements in your employment contracts: California courts generally don’t like them and are often quite hesitant to enforce them.

Get expert legal advice to make sure arbitration agreements are valid and enforceable

08/21/2012

The Court of Appeal of California has upheld an arbitration agreement included in an employee handbook. The difference between this case and the arbitration case in “Don’t bury arbitration agreement in handbook”: The agreement was clear and obvious.

Don’t bury arbitration agreement in handbook

08/21/2012

The Court of Appeal of California has ruled that an arbitration agreement hidden deep in the recesses of an employee handbook can’t be enforced. The provision didn’t stand out, didn’t require a signature and could be changed by the employer at any time. The court said that rendered it unconscionable.

Review severance packages to limit liability for age bias

07/25/2012

When employers offer severance packages, they often ask employees to waive their rights to sue the employer. That’s a smart strategy, but small discrepancies in the agreement’s wording can make the difference between a successful severance package and a call from the EEOC.

Endless arbitration case goes another round

07/24/2012

Some employers favor arbitration agreements as a way to cut down on expensive and time-consuming litigation and avoid rogue juries that often sympathize more with workers than big, bad employers. But the reality is that arbitration agreements often cause more litigation, not less.

Arbitration agreement silent on class actions? Then, court says, they’re not allowed

05/18/2012

A California appeals court has ruled that if an arbitration agreement doesn’t say whether class-action arbitration is allowed, then it isn’t.