Employment and Arbitration Agreements: Protecting Your Company and Ensuring Legal Enforceability
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Gain a better understanding of the specific restrictions and regulations that can protect your company if a wrongful termination occurs.
With the explosion of employment litigation, in particular, wage and hour lawsuits, many employers are turning to arbitration agreements as a strategy to keep defense costs down and avoid class actions. But as more and more companies make mandatory arbitration a condition of employment, the controversy surrounding the legality of such agreements escalates. Likewise, may employers are using covenants not to compete and confidentiality agreements to protect their trade secrets and confidential information. We will examine arbitration agreements and covenants not to compete, and consider how employers can best use these tools. In addition, we will review the protections that the Federal Defend Trade Secrets Act of 2016 and state trade secrets statutes provide to employers. We will also review the essential components of effective employee discipline and discharge.
AuthorsCharles H. Kaplan, Sills Cummis & Gross P.C.
Arbitration Clause and Jury Trial Waivers
• Federal Arbitration Act
• U.S. Supreme Court's Epic Systems Decision
• Jury Trial Waivers as Alternative to Arbitration
Restrictive Covenants and Confidential Provisions
• Trade Secrets and Confidentiality Information
• Non-Solicitation of Employees
• Reasonableness of Restrictions
• Harm to the Public
• Consideration for Restrictive Covenants
• California Law
Federal Defend Trade Secrets Act of 2016
State Trade Secrets Statutes
Progressive Discharge and Discipline