Employment policies and agreement are often overlooked businesses. Many companies rely on outdated form contracts that do not specifically address their companies’ specific practices, ever-changing laws and regulation or new technological threats such as hacking or social media. Likewise, many companies fail to recognize that the departure of an employee can result in loss of customer databases or other valuable trade secrets simply because of a lack of legal protection and foresight.
Whether we are drafting the agreements to prevent such breaches or assisting you in litigation or enforcement after the fact, we can provide you with the experience you need. Companies should not rely on generalized employment agreements because they often fail to provide adequate protection customized to their unique circumstances. Well-drafted and relevant policies and agreements require experience in all of the state and federal governmental agency requirements. The application of employee compliance, non-compete and non-disclosure of confidential information is ever-changing and varies widely from one state to the next. Likewise, deciding what qualifies as an independent contractor and what counts as an employee may vary by jurisdiction.
As part of our corporate and commercial practice, we help businesses create effective employment policies and contracts and independent contractor agreements, including provisions to safeguard confidential information, trade secrets and other intellectual property. Our attorneys may also help work through terms such as salary, benefits, incentives, and term, as well as non-disclosure, non-solicitation, non-circumvention, and non-compete provisions. Our attorneys are available to help customize standard forms and policies concerning employee and contractor covenants, assignments of intellectual property, and post-employment cooperation.
Independent Contractor Agreements
Businesses that utilize independent contractors as well as full-time employees may require separate and unique documentation. Independent contractor agreements can be an important element in distinguishing the relationship from an employment relationship. While unique, the agreements should likewise address provisions like non-disclosure of confidential information, non-competes, and intellectual property assignment and protections.
Enforcement of Employment or Independent Contractor Agreement
In the event employee or independent contractor covenants or contracts are backed by effective documentation and have been breached, our attorneys will investigate and plan appropriate action, including litigation, if needed, with the firm’s trial resources.
As a corporate and commercial law firm our corporate and commercial attorneys can assist with advising on mergers and acquisitions legal issues. See our Corporate & Commercial service line page for additional information about mergers and acquisitions legal services.