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Defining Relationships: Drafting Employee Contracts




by:
Thomas G. Servodidio
Duane Morris LLP - Philadelphia Office

 
November 9, 2005

Previously published by LexisNexis® Martindale-Hubbell® Counsel To Counsel Magazine on November 2005

Martindale-Hubbell posed the following question to provide a variety of views on this important topic:
How do companies avoid common problems when drafting employment agreements?

In their eagerness to snare the perfect candidate, companies neglect critical elements of a successful employment agreement, including:

  • Failure to incorporate reasonable post-employment restrictions. Prospective employees need to be aware of and agree to these prior to starting employment. Seeking restrictions afterward is not allowed in certain states without additional consideration.

  • Ambiguity in compensation terms. Leaving the specifics of bonus plans and perks for later can be a prescription for disaster and can lead to breach-of-covenant of fair dealing litigation.

Finally, include a well-thought-through exit strategy such as termination, severance and mandatory arbitration provisions.



 

The views expressed in this document are solely the views of the author and not Martindale-Hubbell. This document is intended for informational purposes only and is not legal advice or a substitute for consultation with a licensed legal professional in a particular case or circumstance.
 

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