Letting an employee go is always a difficult process. It can engender bitterness, acrimony and a possible lawsuit. It is often wise for employers to consider a separation agreement to ensure they are protected from a vengeful former employee. Whether it be one employee or a reduction in force, we help businesses draft separation agreements to protect them from possible liability. There are a wide variety of employment laws under which employees could bring suit. We craft our agreements to ensure the maximum possible protection and advise employers regarding areas of concern. We also help the employer navigate the entire termination process. A properly conducted termination is far more than the words in the separation agreement itself. What you say and how you say it can often mean the difference between an amicable parting and expensive, protracted litigation. How you arrange the discharge meeting can be even more important. Have you considered the possibility of work place violence? Have you at least arranged to have a witness to be present to both protect you and ensure you can prove your discharge story if it ever becomes an issue? A successful separation is more than a few sheets of paper.
Restrictive Covenants / Non-Competition Agreements
Nothing is more disconcerting than the possibility of a rogue employee leaving your business for a competitor and taking your hard-earned clients and trade secrets with him/her. Businesses invest a tremendous amount of resources in developing and maintaining client relationships. They can spend even more in the technology and proprietary knowledge that makes their company run and allows them to put a superior product out into the marketplace. It is of vital importance for a business to protect its trade secrets and goodwill.We help employers protect against unfair competition and against the dissemination of trade secrets and other confidential information through restrictive covenants such as covenants not to compete, confidentiality agreements, covenants not to solicit customers, and covenants not to solicit employees. Depending upon our client’s needs and the requirements of the laws in a given jurisdiction, we often integrate such covenants into both employment agreements for new hires as well as separation agreements upon termination. Restrictive covenant laws vary widely – in some states, covenants not to compete lasting multiple years have been enforced, while in others covenants not to compete are not allowed at all. Companies may be forced to negotiate wildly different restrictive covenants to account for the fact that they have employees in a multitude of jurisdictions. Brody and Associates helps businesses navigate this maze to understand the full contours of the protections available to the business. We tailor our agreements to address the specific quirks and requirements of each different jurisdiction in which a company operates and the differences of our clients.
Review of Executive Employment Agreements /Separation Agreements
Brody and Associates also offers counsel, coaching, and guidance to senior executives entering or exiting a company. At other times, we do the same service for the company itself. Whether you are beginning a new relationship or ending an old one, there are many important issues to consider. You need a trusted advisor to look out for your interests and guard against possible pitfalls. Any single paragraph in an employee or separation agreement can be of critical importance to possible litigation years down the road. It is important for you to have it reviewed by seasoned labor, employment and benefits counsel. This can be a very stressful time. Your future and the future of the company may ride of this one hiring decision. We provide individualized attention and expert advice to ensure you make the most informed decision possible.