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Employment Contracts

Your attorney’s expertise is key to crafting severance agreements that stick

08/01/2008
Are you going to discharge an employee you suspect may sue for retaliation or discrimination? Then you probably have already considered softening the blow with a severance agreement. Sometimes money has a way of preventing expensive and time-consuming lawsuits …

Pair of cases shows how you can legally use arbitration, but standards are high

07/18/2008
Two recent cases involving arbitration clauses in employment demonstrate the danger of relying on arbitration agreements to avoid litigation. Federal courts decided one case, while California’s appellate courts decided the other. Both found unconscionable the arbitration agreements employers used. Therefore they were invalid …

Caution: Hiring applicant who signed noncompete spells trouble

07/11/2008
As noncompetition agreements become more and more popular with employers, it’s becoming easier for you to unknowingly hire someone who has already signed an agreement with a previous employer. All the ensuing complications lead more employers to ask themselves whether they should (or even can) legally hire an employee bound by a noncompete agreement with a former employer …

Radio station manager’s promises strike a sour note

07/09/2008
Kassie Dargo worked on-air and in sales at classic rock WLUP-FM radio in Chicago. In March 2007, Rob Morris, program director of Clear Channel’s top-40 KDWB-FM in Minneapolis, contacted Dargo to recruit her for a morning co-host position …

When former employees compete: Getting noncompetes right

07/09/2008
Good employees, especially those in sales or professional services positions, can quickly turn into enemies when they quit. Employers frequently require those employees to sign employment agreements containing noncompete and nonsolicitation restrictions when they start work. However, Illinois courts generally do not favor these kinds of restrictions and will look at them very closely. In fact, our courts are quite likely to rule in favor of employees …

Does your organization need insurance against employee lawsuits?

07/01/2008

No matter how careful employers are, they still can be sued. Recognizing the risk, more employers are choosing to protect themselves with employment practices liability insurance (EPLI), which covers your organization if it’s hit with an employment lawsuit. But it’s important to know which coverage is right for you …

Paying for noncompete agreement?

07/01/2008
Q. We are a small company that has to aggressively market ourselves to our customers in order to compete with larger suppliers. To protect our client base, our COO wants to require our sales force to sign a noncompete/
nonsolicitation agreement. If we want our salespeople to sign off on a noncompete agreement, do we have to give them anything in exchange, like a bonus? …

About those waiver-and-Release agreements

07/01/2008
Q. Are there any special requirements for waiver-and-release agreements? …

Terminations: 6 steps to ensure firing won’t backfire

07/01/2008
In most states, workers are employed on an “at will” basis, meaning they can leave the company at any time. Conversely, employers typically retain the right to terminate workers at any time for any legal, nondiscriminatory reason. Courts continue to chip away at the at-will doctrine, providing less flexibility to employers. This has led to an increase in wrongful discharge lawsuits …

HR Specialist Editors Bring You the Best from SHRM Chicago

06/24/2008
For a week each year, the Society for Human Resource Management’s Annual Conference becomes the center of the HR world. HR Specialist editors have joined 13,000 of our peers in Chicago this week for four days of professional development covering HR’s hottest topics and presented by the profession’s  leading experts. Here’s some of the best from the world’s biggest HR conference.