Employee Agreements and Handbooks
The focus, responsibilities and liabilities of, to, and for your employees is a primary business concern and risk. These matters are addressed and limited in employee agreements and handbooks. WYR attorneys are skilled in the drafting, review, and negotiation of these critical documents for both businesses and employees.
Employee Agreements are usually reserved for officers, other essential employees of the business who are not typical "at will" employees, and independent contractors. Often they will deal with executive compensation, including bonuses and other types of deferred compensation. Further, a business and an employee must agree on:
- Length of employment
- Termination of the contract
- Services to be rendered
- Warranties and representation (including regarding licensing)
- Liabilities, responsibilities, and indemnification (reimbursement)
- Non-solicitation and noncompetition
- Other contract concerns, including alternative dispute resolution
The employee and independent contractor distinction can be very important. It will determine a company's obligation for employment taxes. However, the federal tax code and IRS regulations largely determine whether or not person is an independent contractor despite all language in a contract. WYR attorneys are well versed in the determination of whether a person can be classified as an independent contractor or must be an employee.
The parties to the employment agreement may have differing bargaining power and objectives, so the deft eye of a WYR attorney in drafting, negotiation, and review of employee agreements can be leveraged for you.
Handbooks set business policy for all employees. They can significantly limit potential business liabilities if the policies are regularly enforced. Handbooks are specially tailored for every business given its unique concerns, including:
- Dress codes
- Safety policies and injury reporting requirements
- Sexual and racial harassment reporting
- Vacation, personal, and sick days of leave
- Employee reviews and compensation schedule
- Deferred Compensation
- Computer policies
In this 21st century, a computer policy is absolutely essential to ensure proper use, to protect the company's systems and data, and to assure the corporation has full power over its computers and technology resources.
WYR attorneys will candidly discuss options in these policies to obtain your business objectives and draft or revise handbooks to best ensure employee comprehension and compliance.
These matters are important business decisions that WYR attorneys are skilled in discussing, negotiating, reviewing and drafting for your business. WYR's inspired, practical, and efficient counsel can also help you and your business with:
- Formation & Registration of Entities - Corporations, Limited Liability Companies, Partnerships, Joint Ventures, Sole Proprietorships
- Corporate Governance & Shareholder Agreements
- Contracts & General Business Matters
- Executive Compensation & Deferred Compensation
- Secured Transactions & UCC Filings
- Providing for Additional Capital
- Mergers, Purchases & Sales of Businesses
- Business Succession & Dissolution Planning