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Employment Contracts

Oral promise of long-term job will trump written at-will agreement

04/01/2004
Caution your hiring managers to avoid making, or even hinting at, guarantees to prospective employees about long-term job commitments. “Talking up” permanence to lure applicants could crush your ability to fire …

Workers can file EEOC claims, even if covered by arbitration pact

04/01/2004
Don’t ask employees to sign away their rights, as part of a settlement agreement or lawsuit waiver, to file a discrimination claim with the U.S. Equal Employment Opportunity Commis-sion (EEOC) or …

Include fair geographical and time limits in noncompete pacts

04/01/2004
Noncompete agreements are easier signed than enforced. So your noncompete restrictions must give the person a “reasonable opportunity” to pursue a livelihood in his or her chosen field.
What’s considered …

Phrase job offers carefully to avoid confusion, lawsuits

03/01/2004
Issue: What you don’t say in a job-offer letter may be just as important as what you do say. Risk: Fired employees may try to use poorly written job-offer letters …

Don’t oversell job openings; you’ll risk a fraud lawsuit

02/01/2004
Issue: Misrepresenting a job offer by failing to disclose key facts or overselling the position.
Risk: Hiring managers who don’t tell the full story about a job could expose the …

Stop ‘cybersquatters’ who try to hijack your Web address

02/01/2004
Issue: How to secure the rights to Internet domain names that are related to your organization and its products.
Benefit: You have the legal right to prevent cybersquatters from usurping …

Employment contracts: Can your workers claim an ‘implied’ contract?

02/01/2004
Issue: Drafting a legally sound employment contract and avoiding “implied contract” claims.
Benefit/risk: While employment contracts can offer your organization additional legal rights, they also expose you to new legal …

Stop disgruntled staff from hijacking your Web domains

02/01/2004
Issue: Former employees with an ax to grind against your organization can register Web domain names that your organization may want for itself. Benefit: You can prevent them from doing …

Craft a ‘last-chance pact’ with on-the-ropes employees

02/01/2004
Issue: Written “last-chance agreements” give poor-performing employees one final opportunity to shape up. Risk: Some fear that last-chance pacts will violate the Americans with Disabilities Act (ADA). Action: Go …

Don’t ‘Oversell’ a job opening

02/01/2004

Avoid the temptation to lure star applicants by painting an overly rosy financial picture of the organization or making misleading statements about job security. One faulty promise could lead to a fraud lawsuit …