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Working Out Mitigation: Some recent issues in the form of reasonable notice and the duty to mitigate ( July 2005 )
In dealing with the dismissal of any employee, both the employee and the employer must negotiate a host of legal minefields. Two central concerns in navigating the end of the employment relationship are the employer’s duty to provide reasonable notice and the employee’s duty to mitigate the loss of his or her position. -
Ring in the New Year with an Updated Employee Handbook ( December 2004 )
Employee handbooks serve to communicate personnel policies, workplace rules, benefits, and work standards in an integrated manner. Handbooks provide supervisors and HR personnel with a reference guide for implementing and enforcing company policies and rules. The proper use of handbooks contributes to uniform, consistent, fair treatment of em-ployees. -
Avoiding An "Implied" Employment Contract Or Drafting A Favorable One: A Primer ( March 2005 )
Employers sometimes inadvertently create employment contracts. This type of contract is implied by the employer’s actions and is binding on the employer - though it may be difficult to prove. Because an implied employment contract may arise during any communication with a potential new hire or employee, it is essential that all employers consider the implications and possibility of creating a binding contract when communicating with potential and existing employees. -
Cameraphones: Innocuous Gadgets Or Workplace Threats ( August 2004 )
Cameraphones--the latest ubiquitous technology--come with their own dangers. Although no federal or state laws yet regulate the use of cameraphones in the workplace per se, inappropriate use of cameraphones can violate myriad laws already on the books. -
Hiring with Confidence ( April 2004 )
The single best predictor of an applicant's potential performance as an employee is the strength of the applicant's references. Yet many Arizona employers fear that providing honest reference information may result in defamation lawsuits. -
Offer Letters ( April 2004 )
In an effort to bind employees to certain duties without creating an employment contract, many employers are sending offer letters setting forth the terms and conditions of an employment relationship and requiring employees to sign them to show their acceptance of such terms and conditions. However, in doing so, employers may be binding themselves to certain obligations to which they never intended to be bound. Northeast Real Estate Services, LLC was one such employer.
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