Shanghai labor lawyer

Our Shanghai employment lawyer explains how a well drafted Shanghai employment contract is import to firms. A recent outplacement client of our Shanghai law firm called to let us know how excited he was to receive a very generous offer from a potential employer. Multiple phone screens, rescheduled interviews, in-house interviews, group and video interviews finally led to an offer.

The company faxed over a 12-page employment agreement. Stunned by the length, he called us. He said: "How do I interpret this thing? I need a law degree!" Fortunately, the offer was clearly stated and after a short counter-offer, our client accepted the assignment and the terms.Many people at all levels of search put very little into thinking about the what-ifs of or details in the employment contracts. Most in search focus their efforts on obtaining quality interviews if they really are smart. Jobseekers in general don't even think about the nuances of offers or really how much money, benefits and opportunities they will leave on the table during the negotiation process. Negotiation processes start the moment you decide to search, the second you release your resume to an employer.

Here are a few questions we ask our senior level jobseekers:

  1.     Who has more lawyers, you or a prospective company seeking qualified applicants?
  2.     Who is more prepared to negotiate the terms of any employment agreement, you or the prospective company or organization you propose to work for next?
  3.     Who is most likely better equipped to control the conversation during the initial stages of the interview, the middle stages and the offer/counter-offer stages?
  4.     How much power and control do you have during the process of the interview?
  5.     Legally, what questions can an employer ask you? What are the gray areas that they probe for and hope you offer information on?
  6.     How can you guide the discussion with an employer that will influence your offer and tip the scales more in your favor as a jobseeker?
  7.     How can you avoid damaging your offer?
  8.     How can you guide negotiations by providing outstanding written documentation and detailed reference information to build you argument for a higher salary band and more attractive overall offer?

Yet it never surprises me to see the look on the faces of many of our clients or groups we speak to about these issues. It does not seem to matter if you make six figures plus or you are early in your career life. One of our clients said it this way: "The song remains the same; employers play the music and you gotta dance to it." Well, at least that's how it feels in what we call an employer's market. An employer's market means this: for every quality position that will be advertised there are a very high number of at least minimally qualified applicants. That means that unless you have a totally unique skill set you will not and should not expect to be in rare air. In other words, lots of competition exists today for any quality position advertised.

Shanghai international arbitration lawyer

Our Shanghai lawyer share insights on the labor and employment matter. At this Shanghai law firm, we regularly update this blog and please come back if you are interested in our legal service or for your information.

Representing Employers and Employees in and around Shanghai: Our Shanghai lawyer has enjoyed considerable success representing both employers and employees in a broad range of non-competition, non-solicitation, and confidentiality agreement cases, employment discrimination actions and wrongful termination claims. We fashion strategies for employers calculated to win - whether through litigation, arbitration, mediation or settlement - by thoroughly analyzing claims of sex, age, race and handicap discrimination, or wrongful termination, and by demonstrating our clients' adherence to the letter and intent of the laws at issue. We also represent the interests of executives and employees who are negotiating employment and severance agreements or asserting termination-related claims.

Examples from our Employment Litigation Practice:

Non-competition, Non-solicitation, and Confidentiality Agreements:  We have obtained emergency, temporary, preliminary, and permanent restraining orders enforcing non-competition, non-solicitation, and confidentiality agreements on behalf of employers in numerous instances. In one case, we obtained a preliminary injunction enforcing a non-compete and confidentiality agreement against a former executive of a business recently acquired by our client and then successfully defended the injunction against multiple attacks until it expired. The litigation helped our client negotiate a multi-million dollar reduction on the final payment of the acquisition. We have also defended start-ups and employees against former employers seeking to restrict fair competition. In numerous instances, we negotiated quick resolutions, saving our clients substantial legal fees.

Breach of Contract:  We have successfully defended companies against breach of contract and related claims. We have also represented employees asserting their contractual rights. For example, we represented, six former executives of a software company in breach of contract cases against their employer's parent corporation. We successfully and quickly resolved the claims through mediation.

Discrimination - Race, National Origin, Sex, Age, Religion, Disability/Handicap, Military Service, and Genetic Information

In numerous proceedings before the employment government, we have obtained "lack of probable cause" findings on a wide variety of employment discrimination claims against our employer clients. We have also won summary judgment in discrimination cases brought in the trial and appeal courts.

Harassment: In a multi-plaintiff case in the Shanghai Court alleging sexual harassment, we obtained partial summary judgment for our employer client disposing of most of the plaintiffs' claims on the ground that the conduct alleged was not so pervasive or serious as to constitute a hostile or offensive work environment. We arbitrated the remaining claim and obtained a favorable finding for our employer client.

Wrongful Termination, Whistleblower, Retaliation: We obtained summary judgment for our employer client accused of firing an employee for conducting a Health Insurance Portability and Accountability investigation and of invading the employee's right to privacy. We then negotiated a final resolution that involved the employee paying part of our client's costs.

Wage and Hour Claims: We help companies avoid litigation by counseling employers on wage and hour compliance, including classifying independent contractors and "exempt" employees. Yet, for those times when it is necessary, we have experience successfully defending against allegations of failure to pay overtime and of employee misclassification.

Terminations, Layoffs, and the Worker Adjustment: We obtained summary judgment for an employer in which the plaintiff alleged that she was selected for layoff because she was pregnant. We then successfully defended the judgment on appeal.

Hiring and Employee Retention Issues: From offer letters to executive employment agreements, we have negotiated and documented employment arrangements on behalf of employers and employees. We have counseled employers on day-to-day employment issues, including reasonable accommodations, family and medical leaves, employee privacy questions, and disciplining troubled employees. We have also advised executives being investigated for workplace misconduct, ranging from frivolous sexual harassment allegations to potentially criminal wrongdoing.

Employee Handbooks and Policies: We have drafted employee handbooks and workplace policies for employers in a variety of industries. We strive to customize policies to reflect a client's unique culture and to foster an informed and productive workforce.

Local Counsel: In numerous cases, including non-competition, discrimination, and fraud cases, we have served as local counsel for employers based outside of Shanghai.

Consult our English speaking Shanghai lawyers for free preliminary consultation. Shanghai lawyer reminds you that the law discussed above may change over time and may not apply to current situation when you read this blog.

13 February 2012 By In Employment and Labor

Shanghai labor and employmentlawyer

This Shanghai lawyer blog shares insights on labor and employment matter. At this Shanghai law firm, we regularly update this blog and please come back if you are interested in our legal service or for your information.

We Are Shanghai Employment Attorney

Any party who feels they have been harmed or wronged due to a violation of a federal or state employment law should immediately contact an employment attorney. Employment attorneys can assist parties in filing an appropriate claim, presenting the necessary argument, or mounting a defense in the event the party is being sued. Specifically, any employee or employer involved in an incident of discrimination should contact an employment discrimination attorney. Employment discrimination can be an emotional and difficult subject and it is important each party works with an employment discrimination attorney prior to taking any legal action.

Should You Hire a Labor and Employment Attorney?

If you are involved with a dispute involving such issues as wrongful termination, sexual harassment, discrimination (gender, age, religion, disability, pregnancy, national origin, race), wage and overtime issues, employment contracts, negotiation of severance packages, or public sector employee issues, you should immediately consult with a qualified Lead Counsel Employment Attorney. Businesses will also typically retain an Employment Attorney to provide counsel on the businesses rights and options under labor and employment laws and provide advocacy, including representation in mediation, arbitration, and litigation. In shanghai, labor and employment law issues are quite different with your own country. There are different law and rules. If you do not understand and how to utilize them, your interest will be jeopadized. Thus, it is important for you to retain our Shanghai employment lawyers to help you with your case.

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