Employment Contract

News & Analysis as of

Contract Requiring Ex-Employee To Compensate Former Employer For Competing Ruled Enforceable In British Columbia

A recent decision of the B.C. Court of Appeal has endorsed a novel approach to post-employment competition by upholding an employment contract whereby the employee was required to compensate the employer if she competed soon...more

Arbitration Clause Survives Contract Termination, Sixth Circuit Holds

Can an employer compel arbitration in accordance with an arbitration clause in a contract that has terminated? The U.S. Court of Appeals for the Sixth Circuit recently answered this question in the affirmative....more

Sixth Circuit Holds That Duty To Arbitrate Survives Expiration of Employment Contract, Requires Individual Arbitration

With the Supreme Court having issued a series of decisions overruling many of the roadblocks to the enforcement of arbitration agreements in the class context, we are now seeing more courts fill in the gaps as to whether and...more

Ten Considerations in Drafting Executive Employment Agreements

Perhaps your company has just acquired a new business and wants to put that entity’s employees under a more structured employment arrangement. Or maybe you are just looking to roll out new executive-level agreements within...more

Do you own the intellectual property created by your employees?

With the days of patent and copyrights applying mainly to tangible objects being long gone, data and patent rights are becoming more important than ever. Now, every process, software, procedure, and other intellectual...more

Employer Avoids Massachusetts Wage Claim Through the Use of Well-Drafted Employment Agreement

The importance of drafting employment agreements carefully could not be more evident in the superior court case of Boesel v. Swaptree, Inc., where the court rejected a high-level executive’s ability to bring a claim under the...more

“First Impression” Ruling by Fourth Department Strikes Down Employment Contract’s Florida Choice-of-Law Provision as “Truly...

The Fourth Department, an intermediate appellate court in upstate New York, recently entered a novel ruling declaring unenforceable a Florida choice-of-law provision contained in an employment contract applicable to a New...more

Federal Judge Approves Contractual Limitation On Time To Bring Employment Claims Under Oregon Law

A federal court in Oregon recently ruled that employment agreements may impose a reasonable limitation on the time period in which an employee may bring statutory and common law claims against his or her employer, even when...more

Loose Lips Sink Former Employee’s Ship

Confidentiality clauses are a standard provision in most agreements settling an employment dispute. Last week, a former preparatory school administrator learned the hard way that these provisions matter to employers and that...more

Social Media Job Updates: The “Footprints in the Snow” Showing Customer Solicitation?

In this era of hyper self-promotion and cyber networking, through the wonders of social media, former employees are commonly creating some of the most incriminating evidence establishing their violation of non-compete and...more

Risqué Business: Controlling Employee Conduct Through Morality Clauses

Risk avoidance provisions in employment contracts are a growing trend in the workplace, especially in executive employment agreements in the sports and entertainment world. Often referred to as a “morality clause,” this type...more

Top Ten Employer Issues for 2014

Human-resource professionals will face significant challenges in the year ahead as they attempt to comply with various employment laws amid shifting demographics and societal trends. The year of 2013 saw the enactment of new...more

Montana Supreme Court Upholds Employers Right to Change Sick Leave Payout Policies

Employees at the Kalispell Regional Medical Center, upon being hired, signed a probationary employment contract that read, "Upon expiration of this Probationary Employment Contract, if the Employer and Employee elect to...more

Are Employment Contracts Always Terminable At the Will of Either Party?

In states where employment is generally considered “at-will,” many employers take it as a foregone conclusion that employment contracts are terminable at the will of either party. But is this conclusion always correct? The...more

D.R. Horton Still Alive: NLRB Judge Says Employer’s Intent to Compel Employees to Waive Class Claims Renders Arbitration Clause...

Although the Circuit Courts of Appeals that have addressed the issue currently stand united in the view that class arbitration waivers in individual employment contracts do not violate the National Labor Relations Act...more

Russian Employment Law: Recruitment and Hiring

Russia, also known as the Russian Federation, is a country with over 143 million citizens. Its capital is Moscow, and its official language is Russian, although there are nearly 30 other languages spoken throughout the...more

14 Global Workplace Trends For 2014 (Infographic)

With January in full swing and your first new year’s resolution already broken, here’s one goal you can keep: stay abreast of developments to get ahead of the curve, beginning with the top 14 trends impacting multinational...more

14 Global Workplace Trends for 2014

With January in full swing and your first new year’s resolution already broken, here’s one goal you can keep: stay abreast of developments to get ahead of the curve, beginning with the top 14 trends impacting multinational...more

Hating the “Love Clause”

Alabama State University is taking flak over the employment agreement it recently inked with its new president, Gwendolyn Boyd. No one seems concerned with the size of Dr. Boyd’s salary and benefits. It is the clause...more

Global HR Hot Topic—January 2014: Employment Contracts Outside the United States

A Field Guide to Overseas Collective, Individual, Indefinite, Fixed-Term and Probationary Work Agreements - When a US organization sets out abroad and signs up staff overseas, the first obstacle it hits is deciding...more

Top Tips for Successful Recruitment

Recent surveys have shown that companies of all sizes are optimistic about their ability to expand and create jobs in 2014. With business confidence said to be at its highest since 1994, now is a good time for employers to...more

2013 Virginia Employment Law Pocket Guide

In this guide: - Employment At-Will - Right to Work - Employment of Children - Restrictive Covenants in Employment Contracts - Virginia Human Rights Act - Virginians with Disabilities...more

Act Now Advisory: Since Fifield Is Not Going Away Any Time Soon, Illinois Employers Should Consider Revising the Consideration...

In June 2013, the Illinois Appellate Court for the First District (i.e., Cook County) held that, absent other consideration, two years of employment is required for a restrictive covenant to be deemed supported by adequate...more

What Are The Main Differences For Dismissing An Employee Between The US And France?

Contrary to the U.S., which has the concept of “at-will” termination, to dismiss an employee in France, an employer must have a “real and serious cause” and must comply with a specific procedure. The cause is not...more

Protect Your Stuff

From Day One, a start-up company needs to protect its technology and its branding, and to budget for that protection. Some suggested steps follow, many of which require little or no direct, out-of-pocket expense....more

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