It is well known that corporate fraud and embezzlement is rampant. Companies spend billions on financial controls, auditing, and internal investigations to prevent this conduct. A good prevention program mitigates risk. A good internal investigation develops support for a civil suit or criminal prosecution, or at least grounds to fire the bad guy(s). However, at least in London, companies recently had a bit of trouble firing employees who stole for them, via foreign exchange

We assist clients to productively manage their workforce. A couple of weeks ago, I discussed ways to mitigate the risk of embezzlement. Today, I am writing to discuss the use of "Paid Time-Off Banks" ("PTOB"s) to reduce human resource management costs, while improving employee job satisfaction. Employees are a critical asset. They are also a substantial expense. Human Resource policies should both enhance employee job satisfaction and control employment related expenses, inc

Given the state of our economy, companies are looking for ways to reduce their cost of doing business. I have engaged my own staff to aid in a similar effort. As you might have guessed, their first suggestion was that I fire myself to reduce costs and increase their productivity. I have asked them to refocus. In recent weeks, many of my clients have focused on saving via reductions in payroll. This often involves: hire freezes, reductions in entry level salaries and benefits

In recent months, I have been working with clients to analyze draft, secure, and enforce commission compensation agreements. I have drafted a number of these agreements in the past without incident. The last time I litigated a commission agreement, Bill Clinton was President and Monica was not on the event horizon. So, I was bemused to learn that people are still struggling with them. Then I read the documents at issue and could hear the voice of Tevya, the lead character in

This past month two clients asked me to implement their objectives by drafting language for non-compete agreements, which we lawyers brilliantly refer to as NCAs. These two clients, engaged in different contract negotiations, presented me with diametrically opposing requirements. The employer client sought to “handcuff” her professional staff post-employment. And of course, the professional employee client sought a key to unlock his employer’s handcuffs. What irony. I love