Separating from employment can leave a variety of loose ends.  Often, an employer will ask an employee to release all rights in exchange for a monetary sum and other promises.  This is generally done through what is referred to as a severance agreement or separation agreement.

A severance agreement will typically include a variety of clauses an employee should be aware of going forward.  A severance or separation agreement can include confidentiality, non-disclosure, non-disparagement, what is referred to as a neutral-reference clause, and can even include liquidated damages clauses (meaning if you breach you pay a fixed sum) should a breach of the severance agreement occur.

Sometimes a severance agreement can include restrictive covenants, such as restrictions concerning competition with the employer.  These are referred to as non-competes or non-competition agreements.  Restrictive covenants can take shape in other ways as well, including non-disclosure and non-solicitation of employees, customers, and/or business partners (such as vendors).

Restrictive covenants such as a non-compete can be presented to an employee at his or her departure or at the commencement of the employee’s work with the employer.  Many employers require an employee to sign a non-disclosure and/or non-compete to begin working for the employer in first instance.

The firm offers consultation on severance and non-compete agreements at a competitive flat rate that involves (1) reviewing the agreement before the in-person or telephone consultation; (2) engaging in the consultation to discuss the agreement and any associated issues; and (3) providing the employee opinion and recommendation as to whether the employee should accept the agreement, negotiate the agreement, or reject the agreement and take additional or other action.

Obtaining a consultation and taking the proper course of action up front can avoid a long, drawn-out litigation.  Contact us to discuss or schedule a severance or non-compete consultation.