Employment Contract

News & Analysis as of

If You Checked The Box, You’re Bound By The Contract

A recent decision by the Third Circuit Court of Appeals highlights the well-established legal maxim that “when a party enters into a signed, written contract, that party is presumed to understand and assent to its terms.”...more

Ninth Circuit Enforces Arbitration Agreement's Class Action Ban, but Only After Severance of PAGA Ban

A panel of the U.S. Court of Appeals for the Ninth Circuit recently overruled a lower court’s decision refusing to enforce an arbitration agreement, holding that the dispute resolution provision of the agreement was valid and...more

China: Non-Competes and Employee Post-Departure Reporting Obligations

"Non-compete" refers to an agreement concluded between an employer and an employee at the time of hire, which provides that for a certain period after the termination or rescission of the employment contract, the employee...more

China: Application of Non-Competes To Protect Business Secrets

An enterprise may have no patents or trademarks, but definitely have business secrets. Business secrets—the enterprise’s core information assets—are important intangible assets that go to the core competence of the...more

Germany: It's Time To Review Forfeiture clauses in standard employment contracts

It is market standard in Germany to insist on forfeiture clauses in employment contracts, i.e., language providing that any claims arising under the contract are forfeited if not exercised within three months after their due...more

Top 10 Issues for Employers, Issue #7: Obligations When Terminating Without Cause

This is the seventh instalment in our Top 10 Issues for Employers series. This issue addresses termination entitlements upon a “without cause” dismissal. OVERVIEW - Understanding an employee’s entitlements upon a...more

Congress Considers Limiting Pre-dispute Arbitration Agreements in the Employment Context

Many employers require employees to sign arbitration agreements at the inception of the employment relationship and prior to any disputes, such as part of their new hire packets or as a condition of their employment. ...more

Arbitrating PAGA Representative Actions: Federal and State Courts Begin to Part Ways

Seyfarth Synopsis: Three decisions issued earlier this month reveal an increasing tension between the Ninth Circuit and California appellate courts on whether representative PAGA actions can be arbitrated. As a result,...more

Does your employment agreement clearly address post-termination benefit entitlements?

An employee’s entitlement to benefits, such as bonus or incentive plan payments, following the termination of his or her employment is an important consideration that should be addressed at the commencement of the employment...more

Managing the Employment Relationship in Ontario

What state-specific laws govern the employment relationship? The Employment Standards Act, 2000, sets out most of the minimum employment standards for provincially regulated workplaces in Ontario....more

It’s Smooth Sailing for a Shipping Company After Ninth Circuit Arbitration Victory

Last month, the Ninth Circuit issued a notable opinion addressing the enforceability of arbitration agreements in Poublon v. C.H. Robinson Co., 846 F.3d 1251 (9th Cir. 2017), mandate issued (Feb. 24, 2017). In Poublon, the...more

Employers note - Changes ahead in New Zealand

In this update, we signal the changes to employment laws in New Zealand taking place next month that employers need to be aware of. We also look at the new private members bill that might allow an employer to restrict its...more

Why You Shouldn’t Relax on Pretaliation—Even if Policymakers Do

About two years ago, the Securities and Exchange Commission (SEC) made history when it brought the first “pretaliation” whistleblower enforcement action against KBR Inc., a technology and engineering firm in Houston. The...more

The Court Of Chancery Addresses Conflicting Forum And Arbitration Provisions In Related Contracts

The Court of Chancery often addresses the question of who, as between the Court and an arbitrator, should decide whether certain disputes are arbitrable. The analysis of this substantive arbitrability question is complicated...more

Good Will Warrants Injunction Says District of New Jersey

On February 15, 2017, the U.S. District Court for the District of New Jersey in Menasha Packaging Co., LLC v. Pratt Indus., No. 17-0075, 2017 U.S. Dist. LEXIS 22318 (D.N.J. Feb. 15, 2017) granted a preliminary injunction in...more

What Does it Mean to “Modify” an Unenforceable Non-Competition Covenant Under Georgia’s Restrictive Covenants Act?

Although Georgia’s Restrictive Covenants Act has been on the books since the spring of 2011, no judge has decided the exact scope of Georgia courts’ blue-penciling abilities – until now....more

California District Court Addresses Whistleblower’s Self-Help

In Erhart v. BofI Holding, Inc., Case No. 15-cv-02287, (S.D. Cal. Feb. 14, 2017), a bank’s internal auditor reported alleged misconduct to federal agencies, engaged in self-help discovery by appropriating the bank’s...more

Utah employee had no constitutional right to continued employment

Public employees who have a right to continued employ­ment enjoy constitutional due-process protections that run-of-the-mill at-will employees do not. How can a public employer know if one of its employees enjoys...more

Alberta Law Clarified on Scope of Good Faith in Contract and Incentive Pay Eligibility

Styles v. Alberta Investment Management Corporation, 2017 ABCA 1 (Styles) was the first decision rendered by the Court of Appeal of Alberta in 2017, and contains some noteworthy ramifications for employers. This case dealt...more

New Jersey Court Strikes Down ‘Ambiguous’ Jury-Waiver Agreement

New Jersey employers wishing to have employees sign jury-waiver agreements should take note of a recent Appellate Division decision, Noren v. Heartland Payment Systems, Inc., which reaffirms that a jury-waiver provision (like...more

Mobility Clause in Redundancy Situation

The Employment Appeal Tribunal (EAT) in Kellogg Brown & Root (UK) Ltd v (1) Fitton UKEAT/0205/16 and (2) Ewer UKEAT/0206/16 considered whether two employees had been unfairly dismissed for redundancy when they refused to...more

February 2017: The 12 Biggest Labor And Employment Law Stories

The world of labor and employment law is always evolving at a rapid pace, leading us to summarize a few of the most significant cases from the previous month. February 2017 was another month that saw dramatic developments,...more

How An Employee/Shareholder Can Protect Oneself Against Oppression

Because termination of one’s employment does not necessarily equate to shareholder oppression under New Jersey law, as seen in my last post, it is often a good idea to take proactive measures to inoculate yourself against a...more

On Strict Terms: Wording of Termination Provision Not What the Employer Does Determines Enforceability

Highlighting the importance of using precise language in termination provisions of employment contracts, the Ontario Court of Appeal in Wood v Fred Deeley Imports Ltd., 2017 ONCA 158 [Wood] recently held that a termination...more

Ninth Circuit Reverses District Court Decision On Unconscionability Of Dispute Resolution Agreement, Severs Problematic Provisions

The Ninth Circuit reversed a district court’s finding that a dispute resolution provision (“the Provision”) of an employment agreement was substantively and procedurally unconscionable, upholding the provision as not tainted...more

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