This program will provide you with a practical guide to structuring and drafting a successful employment agreement, their major provisions, interrelationships, and traps. The program will cover an employee’s scope of duties, how these may change over time, and the relationship of scope to salary, benefits, and incentive compensation. It will also cover establishing objective and measurable performance standards and how these are tied to compensation, potential release of the employee, and related liability issues. How an employer’s confidential information and trade secrets can be protected and enforced within the context of the agreement will also be covered. Severance, related benefits, and a range of liability risks – and how to mitigate them – will be discussed, too. This program will provide you with a practical guide to structuring and framing an effective and enforceable employment agreement for key employees.
Day 1 – April 20, 2016:
· Framework of essential provisions of employment agreements – and traps to be avoided
· Defining the scope of an employee’s duties and building in flexibility to accommodate changes to scope
· Drafting objective and measurable performance benchmarks and tying to incentive compensation
· Compensation, retirement benefits, and other fringe benefits
· Protecting employer confidential information and trade secrets – non-competition and non-disclosure mechanisms
Day 2 – April 21, 2016::
· Length of employment – fixed or variable terms, renewals, and discharge with and without cause
· Anticipating severance and building in dispute mitigation and resolution provisions
· Severance benefits on voluntary and involuntary separation – and tying them to confidentiality and non-competition
· How to minimize employer liability on the discharge of an employee
· Non-disparagement of employer on discharge or voluntary departure
· Essential mediation and choice of law considerations
Jerrold F. Goldberg is a partner in the New York City office of Greenburg Traurig, LLP, where he has more than 35 years’ experience practicing in virtually all aspects of labor and employment. His expertise includes employee leave under federal and state law, traditional labor/union-management issues, employment discrimination, executive employment, severance agreements and wage and hour laws. He represents clients before the EEOC, the FRLB, and federal and state courts. Mr. Goldberg received his B.S. from Cornell University and his J.D. from New York University School of Law.