Most employers are acutely aware that termination clauses need to be reviewed and revised often to keep up with the moving target legal challenges that continue to arise. However, even a well-drafted, legally current termination clause is only as good as the processes followed and its fellow terms of employment. Put another way, a perfect termination clause can still be at risk of being rendered unenforceable be other legal missteps along the way.
Updating termination language alone will not be sufficient if certain key aspects of an agreement are not reviewed and updated in tandem. Further, updating contract language will hold little weight if the timing and process surrounding those changes are not diligently considered. Let’s review some of the more common pitfalls we see when it comes to successfully drafting and implementing Employment Agreements beyond the Termination Clause.
