Tag:Employment Agreements
Are Forum Selection Clauses the New Mandatory Arbitration Agreements?
In recent years, employment contracts have become increasingly laden with procedural clauses that dramatically shape where and how disputes are resolved. While mandatory arbitration agreements that require private dispute resolution remain common, employers are increasingly turning to forum selection and choice of law clauses as an alternative or supplement. The questions are whether these clauses are functionally becoming the new mandatory arbitration agreements, and whether they hide compliance traps that both employers and employees should be paying attention to.
Employment Contracts: The History of Non-Compete Agreements and the Future of Garden Leave Provisions
Non-competes are a traditional approach for employers seeking to place a restrictive covenant on an employee post termination or resignation. Recent studies show as high as 39.8 percent of all private sector employers are requiring non-competes, regardless of age or position. These agreements are typically signed by an employee near the date of hire, or over the course of employment, and typically limit the employee from working for or with competitors post-employment; sometimes even placing further restrictions regarding geographical areas or time periods.