TERMINATION FOR CAUSE: MORAL TURPITUDE
Moral turpitude as a cause for termination is an unwieldly concept.… Read More TERMINATION FOR CAUSE: MORAL TURPITUDE
Category: Employment Contracts
PREVAILING PARTY’S LITIGATION EXPENSES
Executives must watch out for an attorneys’ fees remedy in employment, separation and restrictive covenant agreements.… Read More PREVAILING PARTY’S LITIGATION EXPENSES
EXECUTIVE EMPLOYEE’S RIGHT TO TERMINATE EMPLOYMENT
Prudent executives can protect themselves with a provision giving them their own right to terminate employment for a good reason.… Read More EXECUTIVE EMPLOYEE’S RIGHT TO TERMINATE EMPLOYMENT
POWER WORD PLAY (A Word, Term or Concept an Executive Ought to Know): CONSIDERATION
Consideration is a concept in contract law that is useful to know in dealing with employment agreements and severance agreements.… Read More POWER WORD PLAY (A Word, Term or Concept an Executive Ought to Know): CONSIDERATION
THE SILENT EMPLOYMENT CONTRACT PROVISION: THE IMPLIED COVENANT OF GOOD FAITH AND FAIR DEALING
Good faith and fair dealing may be unspoken requirements in employment contracts.… Read More THE SILENT EMPLOYMENT CONTRACT PROVISION: THE IMPLIED COVENANT OF GOOD FAITH AND FAIR DEALING
CHOICE OF GOVERNING LAW AND FORUM SELECTION PROVISIONS IN EMPLOYMENT CONTRACTS
The choice of law and selection of forum in employment contracts cannot be a simple-minded exercise.… Read More CHOICE OF GOVERNING LAW AND FORUM SELECTION PROVISIONS IN EMPLOYMENT CONTRACTS
CLAW BACK REVISITED: PUNCHING BACK
I published a 17 May 2010 post on the concept of the “claw back” in executive employment contracts and compensation. POWER WORD PLAY (A Word, Term or Concept an Executive Ought to Know): CLAW BACK. For those readers who have not yet read this earlier post, a claw-back provision allows a company, or sometimes a… Read More CLAW BACK REVISITED: PUNCHING BACK
MANDATORY ARBITRATION CLAUSES IN EMPLOYMENT AGREEMENTS
Often overlooked, a mandatory arbitration clause can eliminate litigation, but it has its own blessings and burdens.… Read More MANDATORY ARBITRATION CLAUSES IN EMPLOYMENT AGREEMENTS
CONFIDENTIALITY PROVISIONS IN EMPLOYMENT CONTRACTS
BY G. A. FINCH Confidentiality provisions in employment contracts have become pretty standard. Because of the boom in technology in the last three decades, there are a lot more intellectual property and proprietary information to be protected. Neither the employer nor the employee should underestimate the utility of confidentiality and non-disclosure provisions. Proprietary business information is a… Read More CONFIDENTIALITY PROVISIONS IN EMPLOYMENT CONTRACTS
EXECUTIVE EMPLOYMENT AGREEMENTS NOT AUTOMATIC
I know of two recently aborted CEO executive employment agreement efforts. The negotiations were benign or non-existent. The terms were neither onerous nor one-sided. The companies simply pulled the plug and decided not to move forward with the employment contracts. What gives? Is this the start of a trend? Hardly. Because of current economic uncertainty,… Read More EXECUTIVE EMPLOYMENT AGREEMENTS NOT AUTOMATIC
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