When I got hired, I signed a statement that if I left the firm for any reason within the first 18 months, I would reimburse, on a pro-rata basis, the relocation expenses the company paid. Are these agreements enforceable?→ Read More
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When do I need written agreements, procedures or written policies with employees, contractors and service providers?
Discussion of when written agreements or procedures are needed with employees, contractors, and service providers.→ Read More
If an employee signs a non-compete work agreement, he or she can be held to its terms, at least up to a limit. Non-competition agreements are only enforceable to the extent they are reasonable in both geographic scope and time duration. Unreasonable agreements will either not be enforced or will reduced by the courts to a more reasonable level if challenged (called “blue penciling”).→ Read More
Where there is no written contract, the courts in most states are willing to find an implied contract arising out of the terms set forth in an employment application, employee handbook, employer policies and procedures manual, verbal representations by management and/or regular personnel practices.→ Read More
Discussion of the advantages of using a confidentiality agreement with employees.→ Read More
If you quit an existing job for a new one that was cancelled, you very rarely have any legal remedy unless you had a written…→ Read More
Is a non-compete agreement signed after working on the job and covering the entire United States legal and enforceable?
Your employer’s non-compete/solicitation agreement is not enforceable because it covers the entire country. It has to be limited in scope and limited in geographic proximity….→ Read More
Employers have a wide variety of choices in setting employment probationary periods, including a right to establish different probationary periods for new employees. During these times, an employee can be terminated with or without cause. Even though probationary employees do have some protections from firing, the right to be free from an extended or different probationary period than someone else is not one of them.→ Read More
Should employment contracts have an arbitration provision?→ Read More
Is a work furlough a sufficient violation of an employment contract to be considered a constructive termination?
Look at your employment contract. If it explicitly references or guarantees a salary figure, that would be the best and easiest case for the employee (and conversely, the worst for the employer).→ Read More
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