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Category Archives: Employment Agreements/Non-Compete Policies and Practice

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Tim Garrett Authors Article on KBR Settlement for Employee Benefit Adviser

Posted in Employment Agreements/Non-Compete Policies and Practice

Bass, Berry & Sims attorney Tim Garrett wrote an article summarizing the SEC’s April  1 announcement that it had settled an enforcement action over an employer’s use of a restrictive confidentiality agreement. Tim made the point that the SEC’s action was consistent with similar efforts by the National Labor Relations Board and the Equal Employment… Continue Reading

What You Need to Know: Non-Competition and Non-Solicitation Agreements

Posted in Employment Agreements/Non-Compete Policies and Practice

On December 3, 2014, Bass, Berry & Sims hosted a General Counsel Forum for a discussion of key issues that arise in the drafting and enforcement of restrictive covenant agreements.  Attorneys Bob Horton and Stephanie Roth, from the Labor & Employment Practice Group, launched the event by addressing the need to begin with the end… Continue Reading

Employers Should Begin Using the New Form I-9 “Right Away”

Posted in Employment Agreements/Non-Compete Policies and Practice

The United States Citizenship and Immigration Services (USCIS) recently published a revised Employment Eligibility Verification form (Form I-9). The USCIS website has instructed employers to begin using the new form “right away.” However, the currently approved forms dated February 2, 2009 and August 7, 2009 will be deemed acceptable until May 7, 2013. After May… Continue Reading

Last Chance Agreements – Asking for Waiver of Discrimination Claims Perilous

Posted in Employment Agreements/Non-Compete Policies and Practice, Union Organizing and Collective Bargaining

Some employers use last chance agreements (“LCA”), particularly in union settings, to allow hourly employees “one last chance” to improve performance.  In return, the employee waives the right to use the union’s grievance and arbitration process if later termination is due to continued failure to improve performance or due to another policy violation.  Employers will… Continue Reading

Can I Enforce a Non-Compete Agreement Or Other Type Of Restrictive Covenant in Tennessee?

Posted in Doing Business in Tennessee, Employment Agreements/Non-Compete Policies and Practice

It depends.  In Tennessee, restrictive covenants are generally disfavored as a “restraint of trade,” so an employer should not assume that a contract limiting an employee’s competitive conduct after termination will be enforced by a court.  In order to enforce a restrictive covenant agreement, the employer must prove that it has a legally recognized “protectable… Continue Reading