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Provision: Litigation, Duty to Cooperate

Sample Provision

Executive agrees to cooperate with company and its attorneys, both during and after the termination of executives employment, in connection with any litigation or other proceeding arising out of or relating to matters of which executive was involved prior to the termination of executive's employment. Executive's cooperation shall include, without limitation, providing assistance to company's counsel, experts and consultants, and providing truthful testimony in pretrial and trial or hearing proceedings. In the event that executive's cooperation is requested after the termination of executives employment, company will (x) seek to minimize interruptions to executive's schedule to the extent consistent with its interests in the matter; and (y) reimburse executive for all reasonable and appropriate out-of-pocket expenses actually incurred by executive in connection with such cooperation upon reasonable substantiation of such expenses.

Sample Provision

Executive agrees that executive will not testify voluntarily in any lawsuit or other proceeding which directly or indirectly involves company, or any affiliated companies, or which may create the impression that such testimony is endorsed or approved by company or its affiliated companies, without advance notice (including the general nature of the testimony) to and, as such testimony is without subpoena or other compulsory legal process the approval of, the company's general counsel.

Employment Contract Provision Index

Ogletree Deakins | California | The Opportunities and Obligations of Venture Capital and Private Equity in the #MeToo Environment (February 01, 2018)

Fisher Phillips | California | Glimmers of Hope? Pair of Recent PAGA Cases Provide Rare Procedural Victories for California Employers (January 31, 2018)

Fisher Phillips | California | DLSE Publishes Voluntary Template for Required Employer AB 450 Notice (February 11, 2018)

Ogletree Deakins | California | California’s Salary History Ban: Answers to Frequently Asked Questions (January 23, 2018)

Fisher Phillips | California | The ICEman Cometh? Recent War of Words Puts California Employers in the Crosshairs of National Immigration Debate (January 22, 2018)

Jackson Lewis P.C. | California | Trial Court Properly Denied Attorneys’ Fees To Plaintiff Who Proved His Termination Was Substantially Motivated By His Disabilities, But Was Not The Prevailing Party At Trial (January 21, 2018)

Ogletree Deakins | California | Cal/OSHA Approves Long-Awaited Housekeeper Injury Prevention Regulations (January 24, 2018)

Fisher Phillips | California | Cal/OSHA Approves Hotel Housekeeping Injury Standard – Likely to Go Into Effect Later This Year (January 21, 2018)

Jackson Lewis P.C. | California | California Labor Department Releases Form for Employers Responding to Immigration Agency Inspection (February 12, 2018)

Ogletree Deakins | California | As Marijuana Shops Thrive, California Employers Revisit Drug Policies (January 18, 2018)