Severance, Employment And Noncompete Agreements
Some employees are asked to sign employment related documents at the time of hire. Others may be requested to execute agreements after hire. Depending on the nature of the employment position and the type of business operated by the employer, agreements may include:
- Employment Agreements setting forth the terms and conditions of employment
- Partnership or other business Agreements setting forth the principals of a business, their respective roles, division of responsibilities, income and profit sharing
- Severance Agreements setting forth the terms governing an employee’s separation from employment
- Non-compete and non-solicit agreements which will preclude an employee from competing or soliciting employees or customers of the business even after their employment ceases
At Gould & Berg, LLP we draft and negotiate a wide range of employment and business related agreements for Employers and Employees in Westchester County and the northern counties.
The Importance Of Utilizing A Skillful Attorney Who Can Protect Your Interests
There are many different types of employment-related contracts that are utilized in workplace environments every day across the state of New York. Like any contract, the language and provisions of the particular agreement will dictate specific rights, protections and obligations afforded to each party involved.
Getting a skillful attorney to create or review these types of agreements is crucial. Without such guidance, employers could open themselves up to potential liability, and employees could indirectly forfeit important rights, including rights following the cessation of their employment since these agreements can continue to be binding after termination.
Severance agreements are offered to govern the terms of an employee’s separation from employment. An Employer may want to offer a severance agreement to a departing employee for a number of reasons. For example, to minimize the risk the employee will bring a legal claim or to provide for some form of severance pay for a loyal or long term employee.
For employees, when you are offered a severance agreement it is important to recognize this is a legally binding contract. While severance agreements often include some form of pay or benefits they also include other types of provisions like a release of claims, confidentiality, and clauses that can restrict your future employment or ability to contact clients.
Many employees sign severance agreements without the help of a legal professional but later find out that they did not realize they were giving up legal rights when doing so. In addition, employees who sign agreements and later violate the provisions of the agreement could be subject to a court order and liquidated damages in the event of a breach of an obligation.
Whether you are an employer offering a severance agreement to an employee or whether you are an employee who has received a separation agreement, hiring an attorney to draft and review the provisions of a severance agreement before an employee signs it is crucial. There may be further negotiations that are conducted as to the terms of the agreement, and the attorneys at Gould & Berg, LLP routinely engaged in those negotiations.
Avoid The Big City Rates. Schedule An Appointment With Our Team
With decades of combined experience, recognized by Super Lawyers and well-respected in our community, we are confident we can help provide the guidance that you need. Our attorneys at Gould & Berg have negotiated, drafted and litigated employment agreements for both business owners and employees. We are confident we can help you.
We can schedule an appointment, sit down with you to talk about your concerns and find an individualized, cost-effective solution for your situation.