The concept of an employment contract seems simple enough: “You work for me and I pay you for that work.”
But there are some very important contractual nuances to the relationship between employers and employees that human resources professionals should be aware of and prepared to deal with.
First, not all contracts are written...
Why should HR know how to draft noncompetes, confidentiality agreements, and other similar contracts? Because after years of non-enforcement, the courts are now taking these agreements more seriously. Some employers are now using noncompetes to their advantage:
In June, a judge refused to dismiss a trade secrets suit filed by The Clorox Co....
Last August, we told you about an employee who tried to sue her former employer after signing a release agreement waiving her right to do so (see "One to watch closely: Kentucky Supreme Court to review release agreements," pg. 3). The Kentucky Supreme Court recently heard the case. In a victory for employers, the court preserved...
Even if your employees sometimes act like children, they aren't your children and they do have a right to question your plan administrator's decision to deny benefits. And if they do ask questions, you better come back with more than "because I said so" as your answer - because the courts want to know, too!...
Remember when you were a kid and wanted to go somewhere with your friends but your parents said no? It was a Saturday afternoon, you had done your homework, and no family events were planned. Of course, seeing absolutely no reason for their decision, you asked why. Your parents' response? "Because we said so." And that was it. No...
A $200,000 verdict to a former Continental Airlines machinist who claimed the airline had breached an implied contract was recently reversed by the Tenth Circuit (which has jurisdiction over New Mexico) because he failed to fully use Continental's internal grievance procedure.
Facts
Kevin McGuire was terminated...
