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Employment Contracts

Teach boss to hold his tongue; oral pacts may be binding

05/01/2007

Just because a deal is not written down, that doesn’t mean it’s not enforceable. Oral agreements can be binding contracts in New York under certain conditions, as one Tony Award-nominated theater company learned in March …

Employee’s release holds in asbestos-Related cancer case

05/01/2007

The Michigan Court of Appeals recently ruled that a Grand Trunk Western Railroad employee who signed a liability release for asbestosis in return for a cash settlement could not sue later on when he developed lung cancer …

Noncompete pacts in Texas: New ruling brings clarity … and questions

05/01/2007

Last October, the Texas Supreme Court ruled employers may require new and existing employees to sign covenants not to compete, even if they are “at will” employees. As long as the employees get something in return for agreeing to the restrictions their employers want, the agreements are legal …

Make sure your arbitration agreement is valid in Ohio

04/01/2007

Arbitrating employment disputes in lieu of going to federal court can save your organization time and money if the agreement sticks. But just one mistake in drafting and implementing the agreement could end up costing you more, not less …

Separation agreement protects employer from age bias claim

04/01/2007

A 55-year-old employee whose job was eliminated in a company restructuring recently lost his age-discrimination case before the 6th Circuit Court. Reason: He had signed a separation agreement waiving all claims against the company …

What should you do if an employee gets arrested?

04/01/2007

It’s Monday morning, the coffee has yet to be brewed and already a huge problem has dropped onto your desk. An employee left a voice mail saying he has been arrested. He doesn’t say what happened, but the very next message is from a local newspaper reporter asking for details about the employee’s work history …

Track contracts for bias against black-Owned firms

04/01/2007

Think you don’t have to worry about race discrimination in hiring contractors? Think again. A little-known section of the federal Civil Rights Act has become a popular vehicle for claims of race discrimination in contracting …

Include disclaimer in incentive plans that clarifies when no contract exists

04/01/2007

Incentive plans are wonderful motivational tools, but make sure yours doesn’t create an enforceable contract. That mistake may force you to pay bonuses to employees who’ve left or cause lawsuits over the payment amount …

Quest lawsuit shows how to plan for ‘Turncoat’ employee

04/01/2007

Lyndhurst-based Quest Diagnostics, the largest U.S. provider of diagnostic tests and services, has sued a former employee for allegedly taking confidential client information to benefit its arch rival …

In employment contracts, use clear, unambiguous terms

04/01/2007

When Florida courts interpret employment contracts, they look first and foremost to the contract language. If it’s clear and unambiguous, they enforce the terms strictly. But if the court questions the meaning of some terms, it will interpret them in a way that benefits the employee …