WebCredenza 2024 Employment agreements: Drafting key provisions and avoiding liability, part 1

Recording available after original program date, 1/29/2024.

This program will provide you a practical guide to the most important provisions of employment agreements, common sources of dispute and litigation, and traps. The program will cover scope of duties (and how they may change over time), forms of compensation and benefits (including deferred compensation), and objective/measurable performance standards. The program will also discuss planning for the possible release of the employee, limiting liability, and protecting confidential information and trade secrets to which the employee may have had access. This program will provide you with a practical guide to drafting successful employment agreements.

Day 1:

•    Scope of an employee’s duties and modification as facts and circumstances change.
•    Objective and measurable performance benchmarks tied to incentive compensation. 
•    Forms of compensation, deferred compensation, and fringe benefits. 
•    Protecting trade secrets – non-competition and non-disclosure mechanisms.

Day 2:

•    Term of employment – fixed or variable terms, extensions, and discharge. 
•    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.
•    Non-disparagement of employer on discharge or voluntary departure.
•    Essential mediation and choice of law considerations.

Opinions and positions stated by presenters of MoBarCLE programs are those of the presenters and not necessarily those of The Missouri Bar. This program is intended as information for lawyers in Missouri, in conjunction with other research they deem necessary, in the exercise of their independent judgment.

Note: This material qualifies for self-study credit only. Pursuant to Regulation 15.04.5, a lawyer may receive up to six hours of self-study credit in a reporting year. Self-study programs do not qualify for GAL Certification, ethics, elimination of bias or Kansas credit.