In the last two weeks we have seen a number of new clients who have been offered jobs and want our legal services to review the contracts.

Prior to the market crash in 2008 this was common, but after the fall of 2008, the number of these requests fell dramatically and has remained low.

The recent increase in the number of new contract reviews suggests that the market may be recovering and that hiring is starting to return. Unfortunately, we are also seeing a number of terminations, which remained high throughout February. This suggests that the marketplace may still be in transition.

While we start to move from recession to recovery, employers and employees should remain mindful that a good employment contract is often the best way to avoid disputes during the relationship and/or when it ends.

Certainly when someone is hired, we don’t want to talk about what would happen if things don’t work out. However, that approach only postpones what could be a litigious ending. Employers and employees should agree on what occurs on termination before that event occurs. This includes not only outlining what notice is owed to the employee if he/she is terminated, but also how much notice prior to resignation the employer needs should the employee choose to depart.

James Heeney

This weekend I was reading several studies, some more formal than others, which focused on the major reasons behind why some prospective employees succeed in gaining employment while others do not. One common theme across the various studies was the increasing reliance of employers upon online tools, including social networking sites, to gain information on prospective employees. Specifically, it appears that some employees who may otherwise have done well in an interview process fail to secure jobs because of online information about them which dissuades the employer from making a formal offer.

These studies serve to confirm what I long suspected: the online world is becoming meaningfully integrated into the so-called “real” world. Specifically, the internet, including social networking sites, is rapidly becoming an investigative tool upon which employers form opinions of prospective employees. Although the studies I reviewed focused on prospective employees, the findings can be applied equally to employers. Specifically, information which employers post online can significantly inform the impression formed by a variety of individuals and groups, including existing clients, prospective clients, as well as prospective employees. Both employees and employers would therefore be wise to ensure that online content which is available to others is both accurate and consistent with the image which they wish to portray to the public.

A good approach is for individuals and organizations to ask themselves candidly whether they are comfortable with others viewing all content about them which is available online. If not, the content should be modified as necessary. This process should also ensure that information which is particularly sensitive is removed from the public sphere. Such a reflective approach can help to ensure that online information is both positive and consistent with the goals of both employees and employers. Regardless of the specific content the guiding principle should remain the same: what is online is also on mind!

Sharaf Sultan