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

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

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

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

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

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

Aufgepasst: Vorsicht mit der “Ausgleichsquittung”

Im Rahmen der Beendigung von Arbeitsverhältnissen ist die Ausstellung von sogenannten Ausgleichsquittungen gängige Praxis. Gegenstand dabei ist die schriftliche Erklärung des Arbeitnehmers, auf alle eventuell noch bestehenden...more

Representing Physicians: Life Cycle of a Physician-Practice & Physician Integration Options (Presentation)

In This Presentation: - General Considerations - Who is Your Client? - Who Can Employ a Physician? - Basic Issues in Employment Contracts - The Buy-In: Becoming an Owner in a Medical Practice -...more

European Cross Border Employment Contracts: Which Law Applies?

According to the Rome Convention of June 19, 1980 (applicable for employment contracts entered into with until December 16th, 2009) as well as the European Regulation 593/2008 (for employment agreements concluded afterward),...more

CIS Legal Update - September 2013: Highlights of the Recently Adopted Amendments to the Georgian Labor Code

Following months of legislative deliberation involving multiple parties, including the International Chamber of Commerce, the American Chamber of Commerce, and other similar international groups, the Parliament of Georgia...more

Employee Relief Causes Employer Grief: The ability to perform employment-related duties is an integral part of an employment...

Recently, two employers who provided notice of termination, and at the same time relieved employees of their duties, were held instead to have at that time terminated those employees, which lead to financial consequences for...more

Are Your Company’s Termination Provisions Enforceable?

Two Ontario Superior Court decisions once again highlight the importance of precise and explicit wording in employment contracts, particularly in respect of termination clauses. The court concluded in both decisions that the...more

Australian Federal Court confirms existence of implied term of mutual trust and confidence

The recent Federal Court decision of Commonwealth Bank of Australia (CBA) v Barker [2013] FCAFC 83 sets important new precedent for employment law. For the first time in Australia, an implied term of mutual trust and...more

Trade-Secrets and the Departing Employee

Concerned about departing employees who might have confidential information about your business and clients? Or maybe you are the ex-employee and you are unsure of where the line is drawn when departing one job to start...more

How To Control A Reduction In Force

Reductions in force (RIFs) can lead to expensive and distracting litigation, and potential liability. ...more

Decision on Termination Procedures a Big Win for Employers

The Supreme Court of Victoria has shed light on an issue raised in Barker v Commonwealth Bank of Australia [2012] FCA 942 regarding whether employers must adhere to their own policies and procedures when dismissing an...more

No Wrongful Discharge Claim For Firing Of Employee/Shareholder In Retaliation For Her Exercise Of Her Statutory Inspection Rights

You probably know that North Carolina is an employment-at-will state. That means that in the absence of any employment contract, you can be fired from your job at any time, for good reason, no reason at all, or even a bad...more

Yours, Mine, or Ours? Avoiding Joint Employer and Contractor Misclassification

Companies are increasingly using subcontractors, temporary staffing agencies, leased employees, and independent contractors to supplement or, sometimes, replace their regular workforces....more

"The Landscape of CEO Succession Issues"

A board’s decision as to whether, when and how to terminate the employment of a CEO and hire a successor is among the most critical decisions facing the board of any company — large or small, public or private, established or...more

Silence Is Golden For Employee Suspended Without Pay

Employers: Read and understand your employment agreements with your employees, and don't assume you have contractual rights that are not spelled out in the agreements. ...more

You've Got The Job, Details Will Follow - Employment Offer Letters & Non-Compete Agreements

In Pennsylvania, a non-compete agreement (NCA) must be supported by legal "consideration" in order to be enforceable....more

Considerations When Changing Enforcement of Personnel Practices

You catch a not-so-good employee sleeping on the job, and you want to fire him. You call your attorney, and the attorney asks how you have handled similar situations in the past. You tell the attorney it has been a mixed bag,...more

Practical Best Business Practices For Going Global in Chile

Going global in Chile gives employers the opportunity to hire some of the leading professionals and creative talent in Latin American. The official population of Chile is just under 16,000,000, of which over 51% is female....more

Reviewing and Updating Your Employer Compliance Checklists

Given the plethora of recent changes in the employment law landscape, employers probably made reviewing compliance checklists a New Year’s resolution for 2013. From hiring employees, to training them, to auditing existing...more

International Dismissal Toolkit: Individual Employment Terminations and Reductions-in-Force Outside the United States

Firing an employee in the United States can be a challenge. Group firings—reductions in-force — can be an even bigger challenge. And from the point of view of a multinational headquartered in the United States, overseas...more

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