Managing Employment Relationships Through Employment Agreements, Handbooks/Manuals, and Policies

Having owned and operated a business for 18 years, I know that stable and productive employment relationships are critical to the success of a business. As an attorney, I represent businesses and employees in a wide range of matters and issues arising in the employment relationship.

Having well-drafted offer letters, employment agreements, handbooks/manuals, and policies can increase stability of employment relationships, limit liability, and avoid the hardship that employment disputes and turnover can cause. I review, evaluate, negotiate, draft, and prepare a wide range of employment related documents, including offer letters, employment agreements (contracts), handbooks/manuals, and policies.

Please contact my Short Hills, New Jersey office via email to discuss your legal options. Call (973) 921-0600 for a consultation or to explore how I can help stabilize employment relationships to protect your business.

Stabilizing the employment relationship during the term of employment

A clear, comprehensive, and equitable employment agreement that delineates the ongoing employment relationship can avoid costly confusion, misunderstandings, and disputes. The type and nature of employment agreements can vary depending upon the company’s goals and the employee’s qualifications. Some of the issues you may wish to address in an employment agreement include:

Salary,
Vacation and leave (paid and unpaid),
Perks and benefits,
Expense reimbursement,
Job responsibilities and descriptions,
Codes of conduct and conflicts of interest,
Grounds for discipline and termination,
Severance benefits, and
Dispute reporting and resolution.

Clear written procedures and policies delineated in employee handbooks, manuals, and policies can help stabilize the employment environment and avoid costly disputes and lawsuits. Written policies and procedures concerning illegal harassment and discrimination are especially important because, when properly monitored and enforced, they can limit an employer’s liability for certain claims. Other matters that may be addressed in written policies and procedures include steps for reporting and resolving grievances, general guidelines regarding compensation and benefits, hiring, firing and discipline, and advancement opportunities.

Planning the post-employment relationship

There is significant employment mobility in today’s business environment. At times, separation from employment can be quite contentious. Even when amicable, the end of an employment relationship can pose special risks. For example, an employer can be harmed by competition and disclosure of confidential information. Being proactive can limit the risks for both employers and employees.

Having well-drafted agreements, contracts, and policies can help manage the risks of the post-employment environment and avoid costly disputes and lawsuits. I review, evaluate, negotiate, draft, and prepare a wide range of post-employment agreements, contracts, and policies. Very often, restrictive covenants play a prominent role in the post-employment relationship. Employers and employees are often under the mistaken view that such covenants are completely unenforceable or completely enforceable. Neither view is entirely accurate. These covenants must be drafted carefully and balance the employer’s need to protect legitimate business interests and the employee’s need to earn a livelihood.

Some of the post-employment issues you may wish to consider include:

Confidentiality and non-disclosure of trade secrets and proprietary information,
Non-competition,
Non-solicitation,
Non-disparagement,
Prohibiting use of trade secrets and proprietary or confidential information,
Severance,
Security (e.g., return of keys, access devices, identification tags, etc.),
Releases of claims and potential claims,
Policies and procedures for job references and other communications with prospective employers, and
Return of computers and other electronic devices furnished by the employer.

Contact my Short Hills office at (973) 921-0600 for a consultation. All inquiries are responded to promptly. Evening and weekend appointments as well as appointments at your office or facility, may be arranged.