Sometimes the most obvious steps to minimize the risk of adverse employment decisions are disregarded. Critical to avoiding making matters worse when disciplining an employee for some form of misconduct or failure in performance, up to and including termination is to DOCUMENT, DOCUMENT, DOCUMENT. A well maintained paper trail, beginning as early as the recruiting phase, should provide stronger support for any employment decision down the road. … Read More
The next critical step to take in the negotiation of an employment package is:
The Termination Scenarios. Defining the circumstances under which the employment relationship can be terminated is essential. Considerable attention should be paid to the definitions of “cause” and “good reason.” Not focusing on the details of the definitions can have costly ramifications. Employers seek a broad definition of “cause” to afford greater latitude in terminating an executive and avoiding an obligation to pay severance.
I was recently asked when you should retain counsel in connection with termination of your employment. The answer depends on your individual situation.
If you are experiencing difficulties in your current position or anticipate being fired, counsel can be a helpful behind the scenes guide. Strategies can be implemented to help achieve better than initially expected results in the event of a termination of employment.… Read More
Today is a Strategy Day. Today’s strategy is “GET IT IN WRITING!!”
Seems obvious, but you would not believe how many individuals start employment without a writing. This happens regardless of the law requiring offer letters in many jurisdictions.
While “GET IT IN WRITING” are words that you would expect to hear from an attorney, it really holds true. You should not leave one job until you memorialize and both parties sign an agreement to the terms of the new job.… Read More