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Employment Contracts

Use ‘restrictive covenants’ to limit damage from staff defectors

01/01/2005
You were annoyed last week when your company’s sales manager quit. He’d been in that job for 15 years and didn’t give any notice. But today, four of your best sales …

Make legally smart job offers; avoid ‘implied’ contracts

01/01/2005
Issue: Legal problems that stem from inadvertent comments at the job-offer stage.
Risk: Imprecise wording of an offer could lock you into an ‘implied contract’ with the employee.
Action: …

Erase ideas of ‘implied contract’ with repeated at-will statements

11/01/2004
Make sure all versions of your company policies, whether in employee handbooks, online policies or even offer letters, contain clear at-will employment statements.
As this ruling shows, you won’t be …

Warn managers not to exaggerate pay and perks

11/01/2004
Issue: In their zeal to lure top-shelf applicants, hiring managers may embellish on the pay, perks and promotion opportunities. Risk: Failing …

Severance pacts can’t ask employees to waive their rights to EEOC claim

10/01/2004
Make sure your severance agreements don’t require employees to waive their rights to file a discrimination charge with the U.S. Equal Employment Opportunity Commission (EEOC).
Why? As opposed to a …

What do you do when the big boss is a harasser?

10/01/2004
Issue: How to handle harassing behavior by your organization’s top dogs. Risk: Going easy on them will come back to haunt you; courts hold higher-ups to a higher standard than …

Inquire about confidentiality agreements

10/01/2004

Q. If a job applicant doesn’t mention that he or she is subject to a confidentiality agreement, should we ask? —L.M., Maryland

Don’t be afraid to face down a harassing CEO

09/01/2004
It’s easy to tell a mail clerk to knock off his harassing comments, but try telling the same thing to your CEO or other top dog. The truth is, though, that …

Protecting trade secrets: Loose lips sink your legal defense

08/01/2004
THE LAW. Today’s definition of trade secrets encompasses any information, technical or nontechnical, that your organization has reasonably protected and is valuable enough to give you an actual or potential …

Why you need a forfeiture clause in every job contract

08/01/2004

If your organization writes employment contracts for key employees, it may be making one costly mistake: unconditionally guaranteeing salary and benefits to employees, even if they commit misconduct that would warrant firing …