BarbriSFCourseDetails
  1. keyboard_arrow_leftBack

Course Details

Course Information
  • smart_display Format

    On-Demand

  • signal_cellular_alt Difficulty Level

    Beginner

  • work Practice Area

    Employment and Workers Comp

Date & Time
  • event Date

    Tuesday, June 4, 2024

  • schedule Time

    1:00 p.m. ET./10:00 a.m. PT

  • timer Program Length

    90 minutes

Credit Information

  • This 90-minute webinar is eligible in most states for 1.5 CLE credits.

$147.00
CLE
ALL

This CLE webinar will provide an introduction to drafting employment agreements on behalf of an employer. The panel will discuss pre-drafting considerations and the provisions that should be included in the agreement. The panel will also provide an overview of the use of restrictive covenants in employment agreements, and based on current federal and state law, discuss under what circumstances these may be used.

Faculty

J. Marc Fosse
Partner
Seyfarth Shaw LLP

Mr. Fosse focuses on all the tax, securities, corporate and accounting issues related to executive and equity compensation arrangements. He works with publicly traded, private, non-profit and government clients in the design, implementation and operation of domestic and international executive nonqualified and supplemental deferred compensation plans, as well as equity-based and other long-term incentive compensation arrangements. He regularly advises clients regarding handling employee benefit matters in corporate mergers, acquisitions, divestitures, initial public offerings and other corporate transactions.

expand_circle_down Expand to View Full Bio expand_circle_up Collapse Bio
Daniel G. Prokott
Partner
Faegre Drinker Biddle & Reath LLP

Mr. Prokott advises businesses regarding complex workplace matters. He represents employers of all sizes, including multinational public and private companies, established and emerging private businesses, and nonprofit organizations. Mr. Prokott advises employers on: hiring practices, including issues related to non-discrimination, non-competition, pre-employment testing, background checks and state law compliance; reviewing and drafting offer-of-employment letters and employee handbooks; preparing executive and sales compensation agreements; preparing non-competition, non-solicitation and confidentiality agreements, and advising on the enforceability of these types of agreements; and best practices for managing and implementing employee restructurings and voluntary and involuntary workforce reductions, including release requirements under the Age Discrimination in Employment Act and Older Workers Benefits Protection Act, and compliance with the Worker Adjustment and Retraining Notification Act, among other matters.

expand_circle_down Expand to View Full Bio expand_circle_up Collapse Bio
Natalie Koss
Managing Partner
Potomac Legal Group

Ms. Koss actively litigates both commercial and employment cases and has successfully negotiated settlement agreements on behalf of corporate and individual clients. Ms. Koss also represents clients in business tort, employment disputes and copyright infringement cases and has tried both bench and jury cases in federal and state courts.

expand_circle_down Expand to View Full Bio expand_circle_up Collapse Bio

Description

Employment agreements define the legal relationship between the employer and employee, describe the terms and conditions of employment, and offer the employer certain protections. Therefore, creating an employment agreement requires more than simply using a template with boilerplate language.

Counsel should understand pre-drafting considerations related to jurisdictional concerns and position-specific requirements. Counsel should also know what terms should be included in the agreement to best protect their clients' interests and how to craft these based on the position. Additionally, given the state of restrictive covenant law at the federal and state levels, counsel should be able to determine when restrictive covenants should be used to protect employer interests while mitigating the risk of enforcement actions.

Listen as our expert panel guides new attorneys through the basics of drafting employment agreements to protect employer interests while remaining legally compliant. The panel will discuss provisions that should generally be included in employment agreements and other provisions that may be included depending on the employee position and jurisdictional considerations.

Outline

  1. Introduction to employment agreements
    • Purpose
    • Pre-drafting considerations
  2. Overview of key terms
    • Position and job responsibilities
    • Obligations to the company
    • Term and termination of employment (including at-will language)
    • Compensation and benefits
    • Work for hire, intellectual property assignment
    • Restrictive covenants
      • Types of restrictive covenants (nondisclosure, noncompete, nonsolicitation)
      • Status of restrictive covenant law (federal and state)
      • When to use restrictive covenants
    • No prior contracts
    • Remedies and dispute resolution
    • Other standard terms (e.g. governing law, choice of forum, merger clause)
  3. Practitioner takeaways

Benefits

The panel will review these and other key considerations:

  • What are the pre-drafting issues that counsel should consider and how do these affect the terms of the agreement?
  • What provisions are required for employment agreements generally? What provisions may be optional depending on the employee's position and jurisdiction?
  • When should counsel consider using restrictive covenants? What jurisdictional considerations should be made?
  • What are the dangers of using boilerplate clauses?