Knowledgeable Severance & Non-Compete Agreements Lawyer in Rochester, NY
Navigating the complexities of severance agreements and non-compete agreements can be challenging. At Cordello Law, I provide guidance and representation to employees dealing with these agreements. Whether you need assistance negotiating favorable terms, reviewing agreements, or addressing disputes, I will protect your interests and help you secure the best outcome during this critical phase of your employment.
Severance & Non-Compete Agreements Legal Services Offered at Cordello Law
Important Things You Should Know regarding Severance & Non-Compete Agreements
Severance & Non-Compete Agreements Questions & Answers
A severance agreement is a contract between an employer and an employee that specifies the terms of an employment termination. This often includes details about any severance pay, continuation of benefits, and other provisions. It should clearly state the amount of severance pay, how it will be paid, any conditions attached to the payment, and the employee’s rights and obligations upon separation, including any confidentiality or non-disparagement clauses.
Non-compete agreements are contracts in which an employee agrees not to compete with the employer during and after employment. This could involve restrictions on working for competitors, starting a similar business, or soliciting clients or employees from the former employer. These agreements can impact employment by limiting an employee’s job opportunities after leaving the company. However, in New York, overly broad non-compete clauses are often found unenforceable.
You can negotiate favorable terms in a severance agreement by first understanding your rights and the employer’s obligations. Review the agreement thoroughly, consider its implications, and if necessary, seek legal advice. If the terms are not satisfactory, you can propose changes or additional provisions that would be more favorable to you, such as a higher severance pay, extended benefits, or a more limited non-compete clause.
As an employee, you have the right to understand the terms of any non-compete agreement before you sign it. In New York, non-compete agreements must be limited in scope, duration, and geographical area to be enforceable. They must also protect a legitimate interest of the employer and not impose undue hardship on the employee.
If your employer breaches a severance or non-compete agreement, you may have the right to file a lawsuit to enforce the agreement and seek damages. This can include unpaid severance, lost wages, or other losses incurred as a result of the breach. Legal advice should be sought to understand your options and the potential outcomes of a lawsuit.
In New York, receiving a severance package does not typically disqualify you from receiving unemployment benefits, but the specifics can depend on how the severance is structured. It’s recommended to consult with an attorney or contact the New York State Department of Labor to understand how a severance package might affect your eligibility for unemployment benefits.