Employers often wish to document their agreements with employees, consultants and other contractors on a range of issues, including non-compete and other protections.
Ice Miller has experience in drafting these agreements to help our clients achieve their goals. We also regularly advise clients in regard to the many issues that arise under employment agreements, such as termination of employment. Additionally, our attorneys have experience in litigating breaches of these types of agreements when necessary. That kind of litigation is time-sensitive and our team of attorneys stands at the ready to prepare lawsuits to seek restraining orders and injunctions against prohibited competition and other inappropriate activities of former employees.
Employment contracts are sometimes taken "off the shelf" and used for all employment situations. The problem with this approach is that it may result in a contract that contains unenforceable provisions in the context of the actual relationship that exists between the parties. In addition, in many cases, a written agreement may not be the right approach to achieve a company's goals. Additionally, a number of issues need to be analyzed and well-documented. For example, non-compete provisions are not universally enforceable and they should be drafted with great care. The same holds true with customer anti-raiding provisions. The ever-expanding area of employee benefits must also be considered in preparing employment contracts. Our group works with the Firm's Benefits Group to ensure compliance with federal and state laws, and to avoid the multitude of traps that exist for employers and employees alike.
Independent contractor relationships are subject to review by government authorities. This is an increasing area of interest for state governments. If an individual is going to be engaged by an employer as an independent contractor, it is important to evaluate applicable both federal and applicable state laws. We regularly advise clients in connection with the status of workers in order to ensure compliance with these laws.