Agenda

Written Employment Agreements

• Term Agreements: Common for Executives, On-Air Personalities, Other Specialized Fields
• Reviewing Notice Requirements at End of Term
• What Happens When a Term Contract Expires and Relationship Continued?
• Evaluating "for Cause" Termination and "Good Reason" Termination
• Damages
• The Role of Attorneys' Fees
• Employee Resigns/Breaches a Term Agreement
• Notice Only Agreements
• How Much Notice Is Reasonable?
• Be Mindful of OneWay Notice Provisions
• Calendar Notice Dates in Advance
• Damages That Arise When Notice Dates Are Missed
• At-Will Agreements With Severance or Notice Provisions
• Many Agreements Are "AtWill" Agreements but Provide for Payment of a Severance If the Employee Is Terminated Without Cause or for Good Reason
• Guidance on the Tax Implications of 409A Requirements
• Silent Written Agreement
• Is the Employee "AtWill" or Can They Be Terminated for Good Cause Only?
• Integration Clauses

Verbal Agreements

• How Enforceable Are Verbal Agreements?
• Where Terms May Be Reflected in Other Communications
• State Law Will Govern Whether Employee Is "at Will"
• Parole Evidence Rule

Best Practices for Terminations

• Developing Formal and Informal Policies
• Serious Misconduct
• Repeated Misconduct
• Poor Performance
• Trial or Probationary Periods
• Reorganizations/Lay-Offs/Redundancy
• Following a Disability Leave
• Resignations
• Documentation
• Return of Property

Credits

Faculty

Chandra S. Andrade

Farella Braun + Martel LLP

• Senior associate with Farella Braun + Martel LLP
• Represents employers in workplace disputes as well as other businesses in pursuing and defending complex commercial litigation
• Her clients range from global corporations to small family companies, spanning several industries, from technology and media to retail and food
• For employers, she handles a wide variety of matters involving wage and hour compliance, workplace environment issues, discrimination claims, performance management, workplace rules, and trade secret protection; in addition to frequently appearing on behalf of clients before administrative agencies and state and federal courts, she routinely counsels and advises businesses on their employment policies
• With an approach that seeks the best results for her clients in the most efficient manner, her experience includes successful early resolution to numerous cases through demurrer, dismissal and favorable settlement
• Maintains an active pro bono practice, representing clients in employment and civil rights matters; in a recent civil rights case, she successfully convinced the U.S. Court of Appeals for the Ninth Circuit to reverse a trial court’s unfavorable ruling on a key constitutional issue
• J.D. degree, University of California, Berkeley, School of Law; B.A degree, cum laude, Princeton University

Holly L. Sutton

Farella Braun + Martel LLP

• Partner in the San Francisco law firm of Farella Braun + Martel LLP
• She practices exclusively in the area of employment law counseling, advice, and litigation
• She regularly conducts seminars, workshops, and trainings on employment law, including lawful terminations, wage and hour requirements, leave laws, investigations, and developing policies, as well as assisting with mergers and acquisitions
• J.D. degree, Stanford University; B.A. degree, University of CA Berkeley
• Can be contacted at 415-954-4476 or [email protected]