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Managing the Risks of Telecommuting

By Karla Grossenbacher

With rapidly increasing advancements in technology, more and more employees have the capability and desire to work remotely from their homes, and employers are having to grapple with the issues raised by having employees who telecommute. Setting aside the issues of deciding whether a given employer should allow its employees to telecommute or which employees or positions are good candidates for a telecommuting relationship, there are several different areas of the law that impact an employer's ability to manage the telecommuting relationship.

In order to minimize the legal risks presented by telecommuting employees, a prudent employer will enter into written agreements with its telecommuting employees, setting forth the obligations and expectations of each party involved in the telecommuting relationship. A good telecommuting agreement should take into account and address the following issues:

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