Employment Contract

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Do Some Companies Already Have Fee-Shifting Provisions (And Not Know It)?

A lot of folks these days are arguing and writing about fee-shifting bylaws as if they were some kind of novel and sudden irruption, like Athena bursting from Zeus’ skull. This overlooks the existence of fee-shifting...more

Running Interference: S.D.N.Y. Lays Out Standards for Tortious Interference in Dispute Between Watchmaker and Former Employees

The U.S. District Court for the Southern District of New York recently cleared the way for a Michigan watchmaker to pursue claims for trade secret misappropriation, among other things, against two former employees who left to...more

SEC’s 2014 Report on Dodd-Frank Whistleblowing Program: Key Takeaways and Trends Companies Should Expect for 2015

On November 17, the U.S. Securities and Exchange Commission issued its 2014 Annual Report to Congress on the Dodd-Frank Whistleblower Program and it is clear that the program is going strong. Following are six key takeaways...more

Employee's Fundamental Breach Was No Bar to Constructive Dismissal Claim

In Atkinson v Community Gateway Association UKEAT/0457/12, the Employment Appeal Tribunal (EAT) considered whether an employee in fundamental breach of his employment contract could still bring a constructive dismissal claim...more

Holidays (Un)Limited

We’ve received a number of requests in the past 12 months to include an unlimited holiday clause in standard employment contracts. It’s a Silicon Valley trend edging its way into the UK employment landscape via tech...more

Restrictive Covenants: An Important Reminder for Employers

The UK Court of Appeal has just handed down its decision in Rodgers v Sunrise Brokers LLP [2014] EWCA Civ 1373. Although the Court of Appeal rejected Mr Rodgers’ appeal in its entirety, it made some interesting observations,...more

Washington Supreme Court Finds Employer’s Discretionary Bonus Not Unlawful “Rebate” Under Wage Rebate Act (“WRA”)

In a 5-4 decision, the Washington Supreme Court has ruled in an employer’s favor and clarified what are, and are not, statutory “wages” and unlawful wage “rebates” under Washington State’s Wage Rebate Act (“WRA”), RCW 49.52...more

Fifth Circuit Hands Down Mixed Ruling on Validity of Later-Added Arbitration Clause

Employers must always be careful when adding an arbitration clause to an existing employment agreement. The amendment process becomes even trickier when the employment relationship is governed by multiple documents.That was...more

Another One Bites the Dust – Court Strikes Down Non-Solicitation Agreement as Overbroad under New York Law

The latest casualty to post-employment covenants came at the hands of a Connecticut trial court, which struck down a non-solicitation agreement under New York law as reaching beyond the legitimate business interests that...more

Are LinkedIn Contacts The Employer's Trade Secrets?

A federal district court in California held in Cellular Accessories For Less, Inc. v. Trinitas LLC that whether LinkedIn contact information can be an employer's trade secret is a factual dispute that must be decided by a...more

Et tu, Brutus? Yet Another New York Court Offers Guidance on the Do’s and Don’ts (Mostly Don’ts) in Post-Employment Restrictive...

A recent non-compete case out of a New York County court offers employers valuable drafting tips on non-compete and non-solicitation provisions....more

The California Divide: Federal Courts Refuse to Follow State Supreme Court’s Iskanian Decision

One of the last barriers to full enforcement of arbitration agreements with class action waivers sustained another blow last week. A California federal district court disagreed with the California Supreme Court in holding...more

Can An Employment Agreement Be A Wee Bit Too Integrated?

The Bylaws of many public companies provide for mandatory indemnification of directors and officers (and sometimes other agents as well). Often, Bylaws describe these indemnity obligations as contract rights. For example...more

Required Consideration Lacking For Replacement Employment Contract

A September 23rd Connecticut Appellate Court decision tells a cautionary tale for employers drafting employment contracts intended to replace earlier contracts. Thoma v. Oxford Performance Materials, Inc., 2014 WL 4548490...more

Texas Court Refuses to Apply Texas Choice of Law in Non-Compete Fight Involving Texas Bank

A recurrent theme in non-compete litigation is the overriding importance of choice-of-law. The latest example comes to us from the United States District Court for the Southern District of Texas and pits a Texas choice-of-law...more

The Point Of An Unenforceable Noncompete May Be Very Sharp Indeed

Writing for Mother Jones, Kevin Drum recently asked “What’s the point of an unenforceable noncompete agreement?” He posits two possible answers: First, it’s just boilerplate language they don’t really care about but...more

An Overview of Tennessee Law Regarding Non-Competition Agreements

Often employers invest significant resources in training and developing employees. Prudent employers recognize that, as unfortunate as it may be, employment relationships do not always go as planned. These employers might...more

Guide To Doing Business in Australia: Employment and Industrial Laws

EMPLOYMENT AND INDUSTRIAL LAWS - TERMS AND CONDITIONS OF EMPLOYMENT - Employment relationships in Australia are regulated at a number of levels and by a range of statutory and quasi-statutory instruments. Which...more

Court Allows Contracts That Limit An Employee’s Time To Sue

In a victory for employers, New Jersey’s Appellate Division ruled that an employee is bound by his agreement set forth in his employment application to shorten the two-year statute of limitations applicable to claims against...more

Employment Law in Switzerland

Switzerland is a democratic country with a population of almost 8 million people, located in the heart of Europe and comprised of 26 cantons, also known as districts, that operate utilizing three official languages: French,...more

Employment Law Summer Recap 2014: Part 5 of 11 – Old School’s Frank Ricard and Contractual Statute of Limitations Provisions: I...

“...As we have pointed out, in the absence of a statute to the contrary, parties are free to contractually limit the time within which an action may be brought, as long as the contractual time is reasonable and does not...more

To Compete or Not to Compete: Is That the Question?

A June 8, 2014 New York Times article highlighted an increasing trend in the areas of antitrust, competition, and employment law: the enforcement of covenants not to compete. As noted in the article, businesses have...more

Be Global - September 2014 (Global Labor & Employment)

Highlights: Australia: No implied term of mutual trust and confidence in Australian employment contracts - In a welcome development for employers, the High Court of Australia has handed down a landmark decision that...more

France: Courts Limit Claims for Constructive Dismissal

Constructive dismissal is, in effect, a resignation treated as a dismissal. The employee terminates the employment contract in response to an employer’s alleged breach and the Employment Tribunal then assesses the employer’s...more

A Win for Employers: High Court of Australia Rejects the Expansion of Employment Law Rights

The High Court of Australia (High Court) has handed down a much anticipated decision in Commonwealth Bank of Australia v Barker [204] HCA32 (10 September 2014) with respect to the implied term of mutual trust and confidence...more

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