The ability to enforce a non-competition clauses often turns on what some unwisely deem “form” contract provisions dealing with “consideration”, “choice of law”, “merger” of prior agreements and “successor and assigns.” To avoid common pitfalls, employers should have existing agreements reviewed for enforcement problems and consult with employment counsel about drafting new ones.
When faced with a complaint of workplace discrimination or other misconduct, employers sometimes wait too long to start an investigation, wrap-up an investigation too early, fail to ensure all staff members are safe pending an investigation, fail to interview all relevant witnesses and/or select the wrong investigator. Management should consult employment counsel to determine how …
Employers are increasingly requesting employees to arbitrate all employment disputes as a condition of employment or continued employment. Courts generally enforce such agreements pursuant to the liberal federal policy (under the Federal Arbitration Act) favoring arbitration agreements. In Walthour v. Chipio Windshield Repair LLC. (March 21, 2014), the Eleventh Circuit U.S. Court of Appeals joined …
A few simple preemptive tricks can ensure that your business runs smoothly even in today’s tough economy: 1) Writing up a corporate governance agreement, such as by-laws, shareholder agreements or operating agreements to clarify responsibilities and reduce the likelihood of litigation between owners; 2) Drafting customer agreements to include reasonable limits on liability for direct …
Thinking Ahead: Four Quick Tips to Running a Smarter Business. Read More »
