All employers should be aware that there is the ability to limit employee lawsuits, and there is no reason an employer should not use the opportunity to do so. Weiss LLP provides existing clients with its “Confirmation of Agreement of Employment,” which should be signed by all employees to limit employee claims and lawsuits. In short, the following provisions are included (among others) in this document or in a workplace manual, all of which create hurdles to employees’ ability to drive up legal costs and other problems for employers:

• Confirmation of “At-Will” Employment – confirmation that all employees are at-will and no one is guaranteed any employment term nor benefits not in writing;
• Limitation on Liability — no liability for pain/suffering and non-economic damages;
• Waiver of Jury Trial — juries typically always favor the employee automatically;
• Arbitration — employee claims should have the right of a party to mandate arbitration and mandate the parties deposit in escrow all arbitration costs and fees (while arbitration can be more expensive, arbitration is private and this pre-deposit requirement likely reduces the interest of “contingent fee attorneys”).

Long and short, plaintiff attorneys are always seeking out disgruntled employees with an eye for collection of damages and expensive attorney fees,  which will burden your cash flow and create havoc in the workplace. The above provisions and others recommended by Weiss LLP should be included to protect the interests of the employer and limit costs, fees, and expenses otherwise burdening employers. Contact Weiss LLP for more information.