Employment Contracts Do's and Don'ts
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Gain an understanding of how to stay compliant with the proper contracting processes to avoid potential pitfalls.
Employers are increasingly relying on employment contracts to attract and retain top talent and protect their interests and intellectual property, such as proprietary information and other confidential data. At the same time, the legal landscape is in a constant state of motion as the law continues to evolve on a wide range of employment issues such as the enforceability of restrictive covenants, executive compensation, and classification of workers as exempt versus non-exempt or employees versus contractors.
This topic has been designed to provide you with a comprehensive overview of employment law issues and best practices in respect of drafting offer letters, employment agreements, and restrictive covenants. You will learn practical drafting tips to create and/or modify existing employment agreements to minimize legal risk and maximize enforceability.
AuthorsGenevieve Murphy-Bradacs, Epstein Becker & Green, P.C. Susan Gross Sholinsky, Epstein Becker & Green, P.C.
Critical Pre-Contract Issues, Such as:
• Use of Term Sheets
• Independent Contractor vs. Employee
• Employment Contract vs. Offer Letter
Basic Contract Provisions, Including:
• Term vs. At-Will
• Elements of Compensation
• Tax Treatment
• Definitions of Terms Such as Cause and Good Reason
• General Contract Provisions, Including Choice of Law, Jurisdiction, Arbitration Versus Litigation, Notice, Place of Work, and Exclusive Employment
Post-Employment Considerations, Including:
• Restrictive Covenants
• Ownership of Intellectual Property
• Confidential Information
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