Defense and More: Business Attorneys

5 Topics Everyone Should Discuss With An Employment Attorney

29 June 2020

Darrell Hanson

Few contracts people sign in their lives are as important as the ones involved in the hiring process. Businesses, workers, and contractors can all benefit from understanding the legalities involved with entering into employment. Here are 5 topics everyone should discuss with an employment attorney.

Agreements and Contracts

Formal agreements can make a major difference in how problems will be handled down the road. People taking on jobs should know what the terms of their employment will be. Likewise, a good employment contract should include clauses for handling complaints related to discrimination, workplace disputes, and whistleblowing.

Non-Compete and -Disclosure Agreements

Many businesses want to make sure their investments in employees don't benefit their competitors. However, a non-compete or -disclosure agreement needs to be tightly written to be enforceable. Good compensation has to be awarded to the employee or contractor in exchange for accepting the terms. Also, the scope of the agreement must be reasonable and limited enough that it doesn't prohibit someone from profiting from their skills and hard work.

Incentives and Bonuses

Companies frequently want to provide incentives for their employees. It's important for the terms of all incentives to be reachable and worthwhile. Likewise, there should be zero doubt about when an incentive kicks in and how much it is worth. If reviews are necessary prior to assigning bonuses, make sure they will be conducted impartially and fairly. Properly structured incentives can help everybody make more money, including the company.

Severance

Compensation packages are often arranged for when employees are asked to part from their work before the end of their agreements. Severance is frequently used as a tool when companies are downsizing or reskilling their workforces.

A well-written severance package should provide good compensation in exchange for ending the employment agreement. Depending on the circumstances, it should also limit the ability of the employee to sue. Similarly, severance should be offered, if possible, voluntarily. If severance has to be forced, it should only be after a good-faith effort to seek volunteers.

Employee Complaints

How a company handles complaints can significantly influence the likelihood that it will end up in court. Every business should have processes in place that ensure complaints can be a voice. This includes providing clear protections against retaliation, and that even means complaints that didn't pan out. Not only will this encourage greater openness about issues, but it will minimize your organization's exposure to potential lawsuits and bad publicity. 

Share  

Search