Employment Law

Employment Law Attorneys

Employment Law

EMPLOYMENT LAW

Employment Law can be a complex and confusing area for both the employer and employee.  Our firm will help bring clarity to your employment law issue and we will provide guidance toward resolution.  Below are some topics of interest:

  • Contracts
  • Non-compete Agreements
  • Separation Agreements
    • Policies and procedures
    • Health insurance and benefits
    • FMLA issues
    • Claims for descrimination, harrassment and wrongful/retaliatory discharge
    • Whistleblower claims
    • Related Litigation

 

CONTRACTS

Missouri is an employment at will state.  This means that many employment relationships may generally be terminated for any or no reason.  However, employment policies, collective bargaining agreements and other factors may come into play.  Employers and employees can benefit from employment agreements and care should be taken when entering into such agreements to ensure that each party understands its rights and responsibilities.

NON-COMPETE AGREEMENTS

An employment agreement may contain a non-compete clause.  These clauses are enforceable, but must be carefully drafted.  The employer must have a protectable interest and the terms of the non-complete must be reasonable as to scope and duration.  Courts are hesitant to render a person unable to earn a living.  At the same time, employees must be sensitive to the confidential and proprietary interests of the employer.  Conflict sometimes results upon separation.  Litigation is extremely expensive and the best way to avoid litigation is for both parties to an agreement to understand the limitations created by a well drafted non-compete agreement.  In addition to non-complete clauses, confidentiality and non-solicitation clauses are common in an employment agreement.

SEPARATION AGREEMENTS

When an employment relationship ends, it is desirable for both the employee and the employer to consider agreeing to a separation agreement.  Such agreements provide certainty for both parties and closure to potential disputes.  Things such as severance, waiver or scope of non-compete, non-disparagement, waiver of potential causes of action and other terms would be included in this agreement.

POLICIES AND PROCEDURES

Employers should have policies and procedures appropriate to the size of business, industry, regulatory environment and management structure.  Polices and procedures articulate the expectations of staff and allow ownership and management to distribute and enforce how the business must be run.  Clarity can result from well drafted policies and procedures.  Disputes and controversy can result from poorly drafted ones.

THE CHOICE OF AN ATTORNEY IS AN IMPORTANT DECISION AND SHOULD NOT BE BASED SOLELY UPON ADVERTISEMENTS.

For more information about Employment Law contact:

Wesley T. Kozeny, Esq.
Direct Dial: 314-744-5680

*Admitted to practice in:  MO,KS,NE,OK,IL,NY,TX

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