Employment Contracts

Get legal advice when hiring workers with noncompetes

05/05/2008

When hiring new employees, be aware that they may have signed noncompetes or other employment agreements with their previous employers. Ask if they have. If they did, ask for a copy. Then have your attorney review the terms before you make an offer. Here’s why …

Can we enforce noncompetes against staff we’ve laid off?

05/01/2008

Q. Due to the competitive nature of our business, our sales force signs restrictive covenant agreements that prohibit them from working for a competitor for a six- month period. We are about to lay off some of these employees for lack of business. Is the covenant enforceable? …

Noncompete must be reasonable and necessary to protect legitimate interests

05/01/2008

Many Ohio employers have employees sign noncompete agreements. But before you rush out to have everyone sign, understand that such agreements have important limits. One is that if you sue a former employee, you will have to show that the contract restrictions are reasonable and necessary …

When a former employee steals customers

04/23/2008

Q. One of our employees left and is stealing our customers. Can we sue him for breach of the duty of loyalty? …

What HR pros should know about trade secret misappropriation

04/22/2008

When any valued employee leaves, the company experiences a loss. The loss is greater, however, when the former employee departs to work for a competitor and begins using the company’s confidential information or trade secrets. HR has a key role to play in protecting a company’s proprietary information. Here’s how to do it …

Are noncompetes enforceable on employees who have been fired?

04/09/2008

Q. In Illinois, do noncompete agreements apply even when someone is terminated, as opposed to resigning? …

Provide real chance to weigh signing separation agreement

04/08/2008

To make a severance agreement involving older workers stick, employers have to follow the Older Workers Benefit Protection Act (OWBPA). The law prohibits releases of Age Discrimination in Employment Act (ADEA) claims unless the agreement meets very specific requirements …

Landscape changing for noncompete agreements in Texas

04/07/2008

A year and a half ago, the Texas Supreme Court clarified whether employers may require new and existing employees to sign noncompete agreements without changing their at- will status. The court concluded they can—as long as the employer provides proper consideration in return …

Contract disclaimers in handbooks preserve at-Will status

04/01/2008

While employee handbooks are essential, be careful. If they are worded improperly, they can tie employers’ hands—and may even create employment contracts that remove the at-will status that allow employees to be terminated for any legal reason …

Advice, please: How should we implement our first severance pay packages?