Employee’s Premise Liability Claim Barred by Disclaimer / Release in Employment Agreement

Many times, an employee is required to sign a contract or agreement by the employer as a condition of employment. If the employee does sign, they are employed. If the employee does not sign, there is no employment. The catch-22 when it comes to employment agreements. If you have questions about what you are signing, do yourself a favor and consult with counsel. This way, you at least have an understanding as to what rights you may be foregoing. There are times these employment agreements are later challenged in court by the employee when the employee leaves the company and argues...

03 December

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Non-Solicitation Agreements / Clauses and Proactively Soliciting Employment

Posted by David Adelstein

in Trial Perspectives

Certain employment contracts will contain non-solicitation clauses. Such clauses may be important if a company hires an employee for a specific project or purpose. Language may include that the employee agrees that she/he will NOT solicit employment with any other company associated with the project or purpose during the employment or a certain post-employment period. For example, in Convergent Technologies, Inc. v. Stone, 43 Fla. L. Weekly D2521a (Fla. 1stDCA 2018), a company that provides cyber-security training for the US government entered into a subcontract to provide instructors for a program for Navy personnel. The company hired employees to serve as...

04 June

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Restrictive Language in Employment Agreement

Posted by David Adelstein

in Trial Perspectives

Woo-hoo! I got a real good J-O-B! Great pay. Great benefits. Great location. Doing what I want to be doing with my skillset. My new employer wants me to sign an employment agreement, but I have signed such agreements in the past, so this is no big deal. Or, is it a big deal? There are many professions that want certain employees to sign an employment agreement that includes a restrictive covenant, i.e., anti-compete or anti-solicitation language. The employer does not want to train the employee, give the employee access to its trade secret information, customer lists, internal marketing material, pricing...