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Employment Contracts

Choose your words carefully to avoid ‘accidental contracts’

12/04/2008

Most employment contracts are written documents prepared with the assistance of an attorney. However, an employment contract can be oral, written, or partially oral and partially written. If an employer isn’t careful, it’s easy to unknowingly enter into an employment contract with an employee.

Clarify contract status by separating arbitration clause from job application

11/25/2008

If, like many employers, you include an arbitration clause in your employment applications, take note of a recent California Court of Appeal case.

‘At-will’ clause doesn’t turn contractor into employee

11/25/2008

Do your independent-contractor agreements include a clause that allows either you or the other party to terminate the relationship at will, without stating a cause? If so, rest easy …

Pay attention to timing when asking applicants to sign arbitration agreements

11/25/2008

Requiring employees to arbitrate most employment disputes can save your organization time and money—if you can get the agreement to stick.

Get legal advice before settling with employee

11/12/2008

Sometimes, it’s tempting to offer a disgruntled employee a quick cash settlement in exchange for her signature on a liability release. If a few thousand dollars will avoid an expensive lawsuit, it’s worth it, right? Maybe, maybe not …

Do you have specific rules for calling in sick? They may be contractual

11/12/2008

Employers sometimes come up with some very specific rules for when and how employees must call in to let their bosses know they will miss work. Sometimes those rules become contracts …

Is it legal to ask departing workers to waive FMLA claims?

11/12/2008

Q. In our severance agreements, we typically require a terminated employee to waive all claims, including FMLA claims that could have arisen while the employee worked for us. I’ve now heard that it is improper for employers to get waivers of FMLA rights from existing employees. What should we do?

Changing employment contract? Get agreement in writing

11/10/2008

If some of your employees work under an employment contract that sets salary and other terms, be careful about changing anything. While you may need to cut salaries during tough economic times, doing so without getting a written modification is risky.

Include clear nonsolicitation language in agreement

11/10/2008

Don’t be shy about restricting employees from stealing customers when they leave. Your best bet is to include specific language and examples of the sort of solicitation you want to ban.

Have counsel review arbitration agreement

11/10/2008

Do you use an arbitration policy to resolve workplace disputes? If so, it pays to have your attorney review that agreement to make sure it meets Florida contract law standards—especially if you operate in several states and use the same agreement for each location.