Risk Management
Risk is an inherent part of being in business. While risk is inevitable, it can be managed and its adverse outcomes can be mitigated. Calculating risk and remaining profitable can be a challenge for businesses. Wendy can assist you in identifying risks, understanding which risks can be insured, drafting contracts to transfer risk, and understanding which risks may exist but are unlikely to occur.
At Estela Law, we offer our clients employment counseling on a host of day-to-day human resource and employment law issues. Our Connecticut employment attorneys can provide employer counseling pursuant to a monthly retainer agreement, hourly fee agreement, or on a flat-fee project basis. We also provide virtual in-house legal services for select clients. These services typically involve dedicated days or hours working as part of the client’s in-house team.
Connecticut Employment Agreements & Policies
We offer our clients flat fees for reviewing and drafting employment policies and contracts, including:
Employee Handbooks
Handbooks are critical for employers in Connecticut. When issues arise with an employee, the handbook is usually the first resource. Additionally, handbooks are necessary to put employees on notice about a series of critical legal issues that will serve to protect a business. Our attorneys draft individualized handbooks, modifications to existing handbooks, and annual reviews.
Electronic Monitoring Policies
In today’s work environment, employers face a constant struggle to monitor. Electronic monitoring of employees’ workplace devices such as laptops, computers, and phones remains one of the best ways to protect against theft of electronic information, trade secrets, and proprietary information. In Connecticut, employers should have a monitoring policy to review e-mails, computer usage, and Internet history, and the policy must meet certain criteria. Business owners should hire a lawyer to draft their electronic monitoring policy.
Social Media Policies
Most employees access social media sites such as Facebook, Google Plus, or Instagram at least once a day. Some employees even post about the workplace on social media. Employers need a social media policy that sets forth the company rules on the use of social media. This involves not only personal use but also whether employees can post about work issues online.
Non-Compete Agreements
Non-compete agreements are enforceable in Connecticut, but only if they are drafted properly. Hiring an experienced attorney to draft a non-compete agreement is a good first step. If protecting clients or trade secrets are important to your business, a properly drafted non-compete agreement can provide the protection necessary to stop unfair competition and theft of clients or customers.
Assignment of Intellectual Property
Many technology companies forget to have employees and contractors assign back to the business the employee’s intellectual property rights in the work product that was produced. This can be a costly mistake that is easily avoided with a proper assignment of rights. Our attorneys can draft an assignment agreement to protect your valuable property.
Independent Contractor Agreements
Simply paying someone as 1099 is not enough to safely avoid claims that a contractor was an employee. Although contracts alone do not solve the potential problem, a well-drafted independent contractor agreement is a good starting point.
Severance Agreements
To avoid the potential for a wrongful termination claim, employers will many times consider providing severance to the exiting employee. A severance agreement will include a release of claims in favor of the business. A severance agreement can also include confidentiality provisions and other terms to protect a business.
Confidentiality & Non-Disclosure Agreements
Confidentiality agreements offer business protection from a defecting employee stealing trade secrets or revealing proprietary information to third parties. Non-disclosure agreements, likewise, seek to prevent contractors, vendors, and business partners from revealing confidential information shared between two parties.
Offer Letters
Offer letters and employment contracts set forth the terms of employment and include descriptions of benefits, compensation, and bonuses.
Compensation & Executive Contracts
Executive contracts are used for higher-level employees in management and sales. They may include phantom stock agreements or a change in control bonuses and compensation. We provide a range of executive-level contracts drafted by experienced lawyers.
Connecticut Employment Law Training, Advice & Risk Management
We offer our clients ongoing legal services for day-to-day human resources and employment law issues in the following areas:
Hiring & Termination
We provide counseling for termination decisions. The handling of termination can be complex. It is best to get advice that can help avoid or mitigate the risks of a wrongful termination claim. Using an attorney also provides privilege for the discussions concerning the termination.
Protection of Trade Secrets & Proprietary Information
Theft of intellectual property and trade secrets is on the rise and easier than ever with digital and electronically stored information. We provide counseling on the different ways to manage and protect critical information.
Workplace Safety & Violence
We provide specific policies to address workplace safety and violence.
Sexual Harassment & Discrimination
We provide sexual harassment training that satisfies Title VII. Connecticut businesses have the responsibility to provide training to management. We provide in-house training with the use of real cases and examples.
Internal Complaints & Investigations
When an employee complains of improper conduct or situations arise requiring investigation, using an attorney is a good way to investigate. Attorney-led investigations can provide protections from disclosure because of attorney-client privilege. Keeping investigations privileged and confidential can be critical if a lawsuit occurs.
If you are an employer in need of fairly priced legal services, we can help your company. Contact us today to schedule a consultation.