Waivers of Arbitration Clauses in Employment Agreements
2022-05-27T15:56:10-07:00Can a party waive an arbitration clause in an employment agreement if there has been no prejudice to the other party? The U.S. Supreme Court says, "Yes!"
If the Other Side Breaches the Contract, Can You Too?
2021-08-27T16:50:44-07:00When is a party legally excused from performing its promises because the other party breached the contract first?
Liability Waivers Need to Be Obvious
2021-07-29T17:17:20-07:00In Washington, preinjury contractual releases and waivers of liability are permitted. Whether or not they are actually enforceable depends on several factors, one of which is the conspicuousness of the contract language.
What Small Businesses Need to Know About Forum Selection Clauses
2021-06-30T19:49:33-07:00In their contracts, businesses can preselect certain states, counties, or courts to host a future lawsuit between the parties. Doing so has its pros, and occasional cons.
What Kind of Dispute Did We Agree to Arbitrate?
2021-04-28T12:39:39-07:00If you're considering adding an arbitration requirement to a contract, you can choose which types of disputes to leave in court and which types of disputes to ship off to private arbitration.
Judges Cannot Intervene During Private Arbitration
2021-02-26T18:58:47-08:00Arbitration is an alternative venue to court. If a party could seek a judge midcourse, there would be increased delays and expenses for all parties.
At-Will Employment: How Are Job Positions Valued?
2021-01-29T17:29:51-08:00Some employment roles have value beyond wages. An employment offer that overpromises or is not well-drafted can be just as risky, if not more so, than having no employment offer at all.
Is Your Small Business Overpromising in Written Employment Offers?
2020-12-30T16:14:18-08:00Fundamentally changing an at-will employee's job duties after employment begins may result in a claim for breach of contract.
Washington’s Consumer Protection Act: No Materiality Required
2020-10-30T10:19:15-07:00By understanding that even minor, unintentional marketing mistakes can lead to consumer protection claims, business owners can better manage the risks of their various marketing efforts.
Arbitration Agreements: Don’t Put the Cart Before the Horse
2020-09-30T21:08:26-07:00An agreement to arbitrate requires that the parties actually agree to arbitration.
Non-Compete Agreements: Expiration Date and Appellate Fate
2020-08-28T17:29:56-07:00Time flies, but lawsuits move slowly, so it's entirely possible that parties may be involved in court litigation when the restrictive time frame in a non-compete agreement expires. Why is that important?
What Business Owners Should Know About L&I’s Workers’ Compensation Reimbursement Rights
2020-07-29T19:21:19-07:00All small business owners, even those without employees, should understand Washington's workers' compensation reimbursement rights.