I am often asked as an experienced New York Employment Attorney how one withdraws from a partnership. We often have people come to us that have worked in partnerships for a number of years and they want to make a change that is smooth and avoid litigation in White Plains, NY. I advise clients as a New York Employment Attorney that the first thing that we ask is if you have a partnership agreement, and if a person does have a partnership agreement, the first thing we do is carefully look at the provisions of that agreement. The provisions that are related to withdrawal, compensation, and to keeping clients. We look at provisions related to work in progress and we attempt to work with clients to ensure the smoothest transition and possible short of litigation, and sometimes smooth transitions don't take place and we assist that client in litigating in the appropriate form.
Recently in the White Plains, NY area, we have had a number of employers come to us after being sued by another company. The clients company has a new employee who previously signed a non compete agreement with it's former employer and the question becomes whether that employee can be precluded from working for me or my company and whether my company is going to be subject to any kind of damages? We caution people that non-compete agreements are construed differently by different courts and we have had situations in our law office where the same non-compete agreement has been construed differently in one county from another. We caution employers when you are hiring an employee to ask if they have signed any agreement with their former employer and if so, we urge the company that we are working with to look seriously at that agreement. We think consultation with an attorney is best, but the answer is depending on the facts. In certain circumstances, an employee can be enjoined from working for a new company and in certain circumstances if the employee continues to work for that new company, that new company may be liable in damages or certainly to an injunction.
At Gould & Berg, LLP in White Plains, NY we work with both high school students and university level students regarding issues in the learning environment and frequently we have had situations at the graduate level where the student is having problems. They can be academic problems, they can be emotional problems and what we try to do as any parent is try to protect that student's interest going forward. Frequently, we are able to negotiate a situation where the student is able to withdraw from a program in good standing so that the student can be protected by taking a leave of absence and then coming back to the program, or in the ability of being enrolled in a program at a different institution. We work with the parents, the students, and the institutions to ensure that the student can pursue their interests going forward.
In New York and other states there are minimum wage laws that apply to virtually every form of employment as long as you are an employee and not an independent contractor. These laws protect you in terms of having a certain minimum wage be paid, sometimes you might see these issues come up in situations involving wait staff of a restaurant, or bar tenders. Also, tip money is also included in the calculation of what a minimum wage is and there are also federal laws like the friar labor standard law which covers wage to be paid to employees and in terms of any overtime provisions. What you need to be able to do in this area of law is navigate whatever law governs your employment and determine from there if the employer is actually meeting it's obligations on the law or whether some actions need to be taken by you in order to get those obligations met.