New York City Employment Agreement Lawyer
When you are hired or shortly after, you may be asked to sign an agreement with your new employer. This agreement is very important, since it will detail the terms of your employment: your labor obligations and your compensation. It is likely that you will also regulate what you can and cannot do after you leave that employer, through non-competition, non-application and confidentiality provisions. Consequently, it is highly recommended to contact our attorneys to review this agreement before signing it. In most cases, we can negotiate a better agreement for you.
An employment agreement establishes the terms and conditions of your employment. This includes:
Duties and responsibilities of the employee.
Salary and schedules, possible bonuses.
Reasons for termination
Compensation for dismissal and benefits
Lunch times and schedules and other breaks allowed.
Free days: holidays, sick days, vacation days, family vacations, personal days
While you may think that these terms are not negotiable, it is important to remember that you have leverage: the employer wants to hire you. You should not sign the agreement before consulting with Lipsky Lowe's lawyers. We have extensive experience in negotiating these agreements.
Non-Disclosure Agreement (NDA) /
When you sign your employment agreement, you may be asked to sign a separate Non-Disclosure Agreement (NDA), or your agreement may incorporate a confidentiality provision. An NDA is designed to protect the employer by keeping the company's confidential information (for example, business secrets and customer lists) private. Clearly, it is in the best interest of the business with a new concept, invention or product to keep such confidential information protected from potential competitors. In the same way, it is important that the employer keep such information close to the vest even within the company, so that other employees do not publish, maliciously or (if they are unhappy) maliciously protected information.
In most cases, a Confidentiality Agreement is considered to be in effect even after the employee leaves the company. Generally, NDAs have a duration of 2 to 5 years, but generally, once the protected information has been made public, the non-disclosure clause is no longer significant or enforceable. If you have any questions regarding the NDA that you are asked to sign, or if you have already put your name, you should consult with the experienced lawyers of Lipsky Lowe's to find out exactly where the lines are drawn so that you do not put yourself unconsciously. yourself in legal danger.
You may be asked to sign a non-compete agreement as a condition of your employment. In these agreements, the employee agrees not to be employed by a competitor for a certain period of time and within a certain geographical area after he stops working for the employer. In addition, the employee generally agrees not to start a company that competes with the employer's business or that attempts to attract the employer's customers.
While you may not be required to sign a non-compete agreement, in some cases, the signature is a condition to be hired or to advance your career. In most cases, these agreements will come into effect after you have left your workplace and are designed to protect the employer from being exploited by a former employee.
To be considered legally binding, non-competition agreements must meet the following criteria:
Be reasonable in terms of the time period and geographic area they cover
Protect a legitimate business interest of the employer.
Provide the employee with a valid consideration (benefit) to meet
Most of the time, the courts do not allow a non-compete agreement to prevent an employee from working in any geographic area where the employer does not currently do business. Depending on the state, if a court determines that a non-compete agreement is too broad in scope, thus punishing the employee, it will generally limit the scope and duration of the agreement or refuse to comply fully.
If you have doubts about your position regarding the signing of a non-competitor, you should have Lipsky Lowe's experienced labor law attorneys evaluate your situation before signing such an agreement.
Compensation agreement attorney in New York City
Before being fired or immediately after, your employer may ask you to sign a severance agreement. The main benefit that an employee normally receives in these agreements is separation. However, in exchange for this separation, the employee often gives away many valuable legal rights. The agreement is, in fact, primarily for the benefit of the employer.
A separation agreement, for example, will likely include a general release of known or unknown claims that will prevent you from suing your employer for any possible cause of action before the day you sign the agreement. You can also agree to never work for that company, its subsidiaries and affiliates in the future and agree not to say anything negative about the company.
You should think twice before signing any separation agreement and consult with experienced employment lawyers at our law firm. You may, for example, have a valid legal claim against your previous employer that is worth more than the compensation offered and our experienced attorneys can use that. as leverage to negotiate a major indemnity package, or start litigation.
A cautionary note: Your Separation Agreement almost certainly contains a provision that indicates that you understand that the entire agreement is expressed in the document you are signing and that this document supersedes any other written agreement. Sometimes known as a “total agreement clause,” this passage can be harmful to you because it voids any other promise or representation that your employer has made to you. Even so, you should keep in mind that this agreement may stipulate that previous agreements that restrict your future employment, such as non-competitors, will "survive" your dismissal. It is always advisable to use the time that your employer allows you to sign this document (often a week) to consult with your employment lawyer to make sure they do not take advantage of you.
If you are 40 years of age or older, you have special protection under the Age Workers Protection Protection Act, an amendment to the Age Discrimination Employment Law, which requires that your employer, among other things, grant it to the minus 21 days (in some circumstances, 45 days) to consider signing the severance agreement. In any case, before signing you should seek the advice of an employment lawyer to ensure that you are treated fairly. We will help you deal with any problem related to your dismissal, including unlawful termination and non-payment or unjustified payment of severance pay.