Today, it has become increasingly common for businesses to require new employees to sign agreements detailing the terms of their employment, duties, and compensation. In addition, employers often look to protect their interests through the use of non-compete, non-solicit, and confidentiality provisions. If you are being considered for a position, and have been asked to sign an employment agreement, it is essential to have proper legal advice and guidance.
Scaffidi & Associates is a premier law firm serving clients in the greater New York area. Our attorneys are well-versed in the applicable state and federal employment laws, and we work to protect the rights of employees and also to develop well-thought-out employment agreements for our business clients. Our attorneys leverage their legal knowledge and skills to help each client navigate the contemporary employment landscape.
Types of Employment Agreements in New York
Our attorneys have experience negotiating and drafting a variety of agreements, including:
Employment Agreement
This type of document specifies the the terms and conditions of employment, including the employee’s duties and responsibilities, salary and hours, term of employment, paid time off (eg, holidays, sick days, vacation days, personal days, family leave), employment benefits, grounds for termination, and severance pay. Although employers often have the upper hand, we believe that the terms of an employment agreement are negotiable, and work to protect the rights of our clients.
Restrictive Covenants
Often times, contained within Employment Agreements are Restrictive Covenants, which prevent employees from engaging in specific activities.
One type of Restrictive Covenant is a Confidentiality/Non-Disclosure provision, which is utilized in order to protect a company’s non-public, proprietary business information — trade secrets, clients lists, work product, sales data, etc. Confidentiality/Non-Disclosure provisions are generally easy to enforce and are unlimited in duration.
Another type of Restrictive Covenant is a Non-Compete/Non-Solicitation provision. Employers may utilize Non-Compete/Non-Solicitation provisions to prevent employees from: taking positions with competitors; engaging in competing activities with their employer either during or after employment, and/or soliciting employees, clients and customers from the employer. Non-Compete/Non-Solicitation provisions are disfavored unless they are reasonably restrictive in time or geographic area, supported by consideration, and they protect a legitimate business interest of the employer.
Restrictive Covenants can also be found in: Offer letters, Severance Agreements, Employee handbooks, and Benefit plans.
If you are asked to sign any one of those documents that contain Restrictive Covenants, it is imperative that you seek legal advice before signing that document.
Severance Agreements
Terminated employees are often required to sign severance agreements that can seriously restrict their rights. While the employee may receive severance pay, severance pay is not the only important consideration in a severance agreement. Other considerations include health insurance/benefits, the right to sue, non-disparagement provisions, liquidated damage provisions, and much more. This is why it is crucial to have proper legal representation before signing any severance agreement.
Our legal team will help you explore all of your options, resolve any issues related to your termination, and negotiate a more favorable severance package. We can also help determine whether you have any valid claims against your former employer, and will work to ensure that you are treated fairly.
Employment Contract and Agreement Lawyer Serving New York
At Scaffidi & Associates, we recognize that employment law is constantly evolving, as are the rules of the road in the modern workplace. Today, businesses and workers alike face numerous pressures that require a proactive approach to navigating the legal landscape. By working with our experienced employment contracts attorneys, you will have confidence knowing that your interests will be protected. Above all, we are committed to helping our clients understand their rights and responsibilities in the current employment environment. Please reach out to us by calling the office today or completing the online contact form.