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Compensation Clawbacks
In light of recent events in the financial markets, employers are exploring the use of "clawbacks" to recover bonus compensation payable to employees. Clawbacks are contractual provisions that allow employers to recoup compensation paid to employees in the event of an employee's misconduct and/or termination of employment, or voluntary departure to go and work for a competitor. There are special legal issues that may arise in drafting, negotiating and enforcing such clawbacks that employers need to be aware of to ensure compliance.

Other contractual provisions Related Articles

Investigating Franchise Offerings
Before investing in any franchise system, be sure to get a copy of the franchiser's disclosure document. Sometimes this document is called a Franchise Offering Circular. Under the FTC's Franchise Rule, you must receive the document at least 10 business days before you are asked to sign any contract or pay any money to the franchiser. You should read the entire disclosure document; make sure you understand all of the provisions. The following outline will help you to understand key provisions of typical disclosure document as well as ask questions about the disclosures. Get a clarification or answer to your concerns before you invest.
Sued for Someone Else's Breach of Contract
Competitive business moves, if you are not aware and careful, could lead to you being sued for "intentional interference with contractual relations". The idea is that you can be sued if you get someone else to do something that is contrary to a contract.
Precautions to Take When a Key Employee Leaves
Using non-compete agreements and other contractual restrictions for key employees is just one safe guard companies can use to protect itself against "pirating". There are other precauions companies can also take in order to secure a company's customers, business information and workforce.
Distinction between provisions and reserves
The differences between reserves and provisions are outlined in this article.
What You Need To Know Before You Terminate
Summary of Federal WARN Act notice provisions and event triggers. And information about WARN Act Updates affecting New York employers.
Illegal Workers Protected by FLSA
Summary of a recent court decision that confirms illegal workers are protected by overtime provisions.
Compensation Clawbacks
In light of recent events in the financial markets, employers are exploring the use of "clawbacks" to recover bonus compensation payable to employees. Clawbacks are contractual provisions that allow employers to recoup compensation paid to employees in the event of an employee's misconduct and/or termination of employment, or voluntary departure to go and work for a competitor. There are special legal issues that may arise in drafting, negotiating and enforcing such clawbacks that employers need to be aware of to ensure compliance.

How to Negotiate Your Franchise Agreement
Learn how to negotiate a franchise agreement and avoid signing a contract that can obligate you to some provisions that may be difficult to meet. Follow these steps and you’ll protect yourself from potential problems and disputes.
How To Investigate Franchise Offerings
Before investing in any franchise system, be sure to get a copy of the franchiser's disclosure document. Sometimes this document is called a Franchise Offering Circular. Under the FTC's Franchise Rule, you must receive the document at least 10 business days before you are asked to sign any contract or pay any money to the franchiser. You should read the entire disclosure document; make sure you understand all of the provisions. The following outline will help you to understand key provisions of typical disclosure document as well as ask questions about the disclosures. Get a clarification or answer to your concerns before you invest.
Opposing a Franchisor’s Motion for a Preliminary Injunction Against a Franchisee
When a franchisee opposes a franchisor’s motion for a preliminary injunction, the court should be made aware of the unique situation of this contractual relationship concerning the franchise agreement.

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