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Employment Contracts

You can require arbitration of federal and Michigan discrimination claims

07/01/2007

Good news if you’ve ever wondered whether that arbitration clause you had your employees sign is valid. As long as certain conditions are met, employers can require employees to sign an arbitration agreement as a condition of employment …

Keeping your customers after your employees go to a competitor

07/01/2007

Noncompete agreements protect employers should an employee leave and go to work for a competitor. But what happens if there isn’t a noncompetition agreement in place? Does an employer have any remedy against a former employee? …

The court affirms: Your employee has the right to an attorney

06/01/2007

An Ohio appeals court significantly expanded employees’ rights recently when it upheld a fired employee’s right to trial after her employer terminated her because she threatened to talk to her attorney …

Stick it to the man! Wait, I am the man!

06/01/2007

A group formed to free restaurant workers from the yoke of exploitation is about to be sued for exploiting them in turn …

Train your managers: Make no promises about wages or raises

06/01/2007

Florida contract law recognizes oral contracts. That’s why it’s important to train all managers and supervisors to avoid promising employees any specific wage increases …

You can include FMLA waiver in severance agreement

06/01/2007

Until recently, it was unclear whether Pennsylvania employers could require employees to give up the right to sue for FMLA violations in exchange for severance payments. That was because the FMLA explicitly says employees can’t waive their FMLA rights as a condition of employment …

Paying employees on commission? Clarify terms up front to defend against WPCL claims

06/01/2007

The Pennsylvania Wage Payment and Collection Law (WPCL) allows employees to sue their employers for unpaid wages, including commissions and the like. Because the WPCL allows any wage contract claim, including oral agreements, it’s important for employers to clarify the terms up front and preferably in writing …

Make sure agreement doesn’t include no-Lawsuit clause

06/01/2007

Using independent contractors can save money on benefits, overtime, workers’ compensation and a whole host of other costs associated with having employees. But watch out if your agreements with independent contractors include a clause prohibiting them from taking “a position contrary” to their status as independent contractors …

Remind employees: As Coke verdict shows, stealing secrets can earn jail time

05/25/2007

The recent sentencing of a Coca-Cola employee who tried to steal (and sell) the secret formula serves as a cautionary tale for your employees about the confidentiality of trade secrets. Here’s a five-step strategy for shoring up your trade-secret walls and making sure confidential info stays in-house.

No need for extra severance when laying off litigious staff

05/01/2007

Employers that want to trim their work force often sweeten the exit with severance payments. In exchange, employees sign away rights to lawsuits they may otherwise have contemplated. But what about employees who already have pending employment discrimination lawsuits or EEOC or state agency complaints? …