Implied Renewal of Employment Agreements
February 28, 2006
Employers frequently enter into employment agreements with their employees for a fixed period of time at a stated annual salary. What happens if at the end of such an agreement's term both parties continue to perform under the expired employment agreement as if the agreement were still in effect? As we discuss in this article, in a majority of states, there are certain circumstances in which a court may presume the employment agreement is automatically renewed for an additional term. In such states, courts have recognized such implied renewals and have permitted employees to sue for breach of contract based upon a theory of discharge without cause during the renewal term. We also analyze how courts have addressed the enforceability of noncompetition or arbitration agreements following termination of employment after expiration of the original agreement, but during a period when an impliedly renewed agreement is in effect. Finally, we explore several considerations for drafting employment agreements to avoid unexpected results arising from the presumption of implied renewal.
Index
February 28, 2006
Everything contained in this issue, for quick reference.
Development
February 28, 2006
Recent rulings of interest to you and your practice.
<i>Caveat Emptor</i> in the Purchase of New York Real Estate
February 28, 2006
Under New York law, the doctrine of <i>caveat emptor</i>, or buyer beware, applies to the purchase and sale of real property. <i>Stambovsky v. Ackley</i>, 169 AD2d 254, 257. Under this doctrine, which has undergone some recent modifications, the seller of real property is under no duty to speak (<i>ie</i>, make certain disclosures to the purchaser) concerning the condition of the property when the parties deal at arms' length. <i>Id</i>. Mere silence on the part of the seller concerning a defective or otherwise undesirable condition of the property, without some act or conduct that deceived the purchaser, does not amount to conduct that is actionable as a fraud.
Does Clinical Experience Increase Forensic Reliability?
February 28, 2006
It is not uncommon in Family and Supreme Court matters for a moment to come in the court proceedings when, having been asked for the basis of a particular forensic opinion, the forensic evaluator utters the famous words, "Well, based on my clinical experience ... " In addition, it is commonly assumed among legal professionals that one good way of supporting a forensic evaluator's assertions is to amplify for the court the number of years of clinical experience a particular expert has had, the number of evaluations he or she has completed, etc. However, the sobering reality is that decades of research on clinical judgment accuracy raise questions about the weight that should be given to how experienced a particular clinician is.
