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Contracts

At-Will Employment Is a Fairy Tale…
November 24, 2023
Once upon a time, employees in all states but Montana were presumed to be employed at-will, absent some sort of employment agreement (e.g. individual contract for a term, a collective bargaining agreement, policies that contemplate termination for cause, etc.).
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Contract by Emoji?
October 23, 2023
Apparently, emojis have become such an accepted means of communication that a Canadian court found  to create an enforceable contract for $82,000 (plus interest and costs)!!
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Canada: Employers Face Possible Expansion of the Duty of Honesty and Good Faith
January 13, 2021
Do employers have a general duty to act honestly and in good faith when dealing with their employees?
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Wisconsin Supreme Court Declares that Non-Solicitation of Employee Provisions are Governed by the Same Wisconsin Statute that Addresses Non-Compete Provisions
January 22, 2018
The Wisconsin Supreme Court issued a landmark decision on Friday in the case of The Manitowoc Company, Inc. v. John Lanning, 2018 WI 6. The case represented the Court’s first opportunity to determine whether a Non-Solicitation of Employee (NSE) provision in a contract between an employer and an employee is governed by the same statute, Wis. Stat. § 103.465, that governs the enforceability of non-compete restrictive covenants.
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The Importance of Consideration When Altering Employee Compensation Packages
January 11, 2018
A question that often arises in the employment setting is whether an employer can change the terms of an agreement it has with its employee(s) without giving any consideration for such a change.
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The Government Seems Confused About Class Action Waivers
July 13, 2017
The issue of whether employees can be required to sign arbitration agreements that contain waivers of their right to file a class or collective action over employment-related disputes is one that has drawn much attention – and much conflict – in recent years.
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