Monday, February 27, 2017

10 Agreements Employers Can Use

  The following can be used by employers to help protect themselves, minimize expenses and headaches, and smooth employee relationships and terminations.  The writings need not be lengthy or complex.  In fact short and sweet is best.

1.  Employment Agreement.  Confirms in writing the essential terms of employment such as start and end date, pay, vacation and sick time, duties, discipline etc.  Even though Colorado (and most states) are employment "at will," a written employment agreement can prevent problems including minimizing ambiguities.

2.  Independent Contractor Agreement.  Establishes in writing the relationship (duties, expectations and responsibilities) between the employer and a person or entity acting as an independent contractor rather than an employee. This agreement is key in heading off problems with taxing authorities.

3.  Relocation Agreement.  Sets forth the terms and conditions of an employee's move to a new residence as part of the job.  Too frequently in such situations otherwise a question arises about who pays for what and when.

4.  Consent Agreement.  Used to obtain and verify employee authorizations for the employer to take actions, seek or disclose information, or maintain records that otherwise might be considered invasions of privacy or "none of the employer's business."

5.  Non-compete Agreement.  Restricts an employee from taking a job with a competitor.  These generally are more enforceable if limited in time and geographically. 

6.  Confidentiality Agreement.  Prohibits disclosure of information to third parties and competitors and may be necessary in view of HIPAA for example.

7.  Non-solicitation/non-interference Agreement.  Prohibits an employee who may be leaving from trying to take clients or consumers.

8.  Arbitration Agreement.  Requires an employee to arbitrate rather than litigate in court disputes with the employer.  Generally arbitration is faster, cheaper, and confidential, and does not provide for trial by jury.

9.  Last Chance Agreement.  Used in disciplinary or questionable performance situations where the employee admits misconduct or various shortcomings and is given one last chance to make right or face immediate termination.

10.  Separation, Waiver and Release, and Non-Disparagement Agreement.   Confirms the terms and conditions of an employee's departure and typically contains a (sometimes mutual) waiver and/or release of potential claims and agreement not to speak poorly of the other side.

  Of course other written agreements may be appropriate depending on circumstances.  Call Sanderson Law, P.C., 303-444-8846, if you or someone you know might need help.

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