News & Analysis as of September 23, 2024

Hiring & Firing › Contract Formation

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Hiring & Firing refers to the process of recruiting, interviewing and offering employment and the process of evaluating performance and dismissing employees. Hiring & Firing is a highly regulated area and can create tremendous liability for employers who fail to properly adhere to acceptable employment practices. Some of the potential pitfalls in this area stem from discriminatory hiring practices, improper performance evaluations, and retaliatory firings. less -

Columbus, Ohio, Adds Freelance Worker Protections to Its City Code

Epstein Becker & Green on 7/28/2023

The nationwide growth of the “gig economy” has provoked the enactment of laws aimed at providing economic protection to freelance workers. In May 2023, the Columbus City Council joined this national trend by amending the...more

Are reservations in Dutch employment contracts a good idea?

Littler on 10/15/2021

Employers in the Netherlands are sometimes keen to include a reservation when they form an employment contract. A reservation can be formulated as a condition precedent or a resolutive condition. Both types of conditions...more

“Click to Accept” Arbitration: A Cautionary Tale

Stokes Wagner on 9/5/2019

A recent federal court decision reminds employers that an employee’s electronic acceptance of an arbitration agreement may not, by itself, be enough to prove that the employee has agreed to arbitrate. In Shockley v....more

The Arbitration Section In Your Employee Handbook Is Not An Agreement to Arbitrate

Mintz - Arbitration, Mediation, ADR... on 7/29/2019

Federal law nowadays certainly favors enforcement of agreements to arbitrate. But generally applicable state contract law determines contract formation – i.e., whether such an agreement has been made. Contract formation...more

Criminal Post-Employment Violation Alleged

Holland & Knight LLP on 2/8/2018

The U.S. Attorney for the District of Columbia recently charged a former federal executive branch official with violating post-employment restrictions. The former official is accused of violating a life-time ban imposed by...more

New Jersey Court Okays Provision in Job Application Reducing Statute of Limitations

Proskauer Rose LLP on 7/10/2014

In Rodriguez v. Raymours Furniture Co., Inc., No. A-4329-12T3, 2014 WL 2765273 (App. Div. June 19, 2014), New Jersey's Appellate Division upheld a provision in a job application that limited the time in which an employee...more

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