Employment Law Blog

Non-Compete Agreements are Bad for Business

As you may know, New York and most other states do not prohibit non-compete agreements. In fact, NY courts will enforce these agreements. In California, non-compete agreements have been prohibited since 1850 and many believe that this policy has contributed to the growth of California’s economy and especially so in the technology field. A while back, the National Law Journal ran an...

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Employment Law Blog

10 Things Companies Want in Their Severance Agreements

The list below was taken from the Ohio Employers Law Blog written by Jon Hymen. The Ohio Employers Law Blog is written for companies and the ten items listed below are points that companies often include in their severance agreements. If you, as an employee, are provided with a severance agreement, you will probably see similar terms in your severance agreement. The...

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Employment Law Blog

What Is In A New York Severance Package?

We get a lot of questions about severance packages. People want to know what is in one and how much money they should contain. New York severance packages vary from company to company and there is no set formula to determine their value. In this article, the employment lawyers at Ottinger Employment Lawyers will go over what most severance packages...

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Employment Law Blog

Severance Agreement Oppression

Regulators are getting stricter about severance agreements.  Read on to learn about how some severance agreements were found to be TOO strict and how to protect yourself when signing one.  There are certain claims that you cannot waive in your severance agreement.  For example, you cannot waive your EEOC (Equal Employment Opportunity Commission) claims.  But your employer can make you...

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Employment Law Blog

Retaliation Cases Are Favored by the EEOC

A recent report from the Equal Employment Opportunity Commission (EEOC) reveals that retaliation cases are preferred by the agency.   The EEOC enforces the federal laws that make it illegal to discriminate or retaliate against a job applicant or employee. Retaliation Charges Lead the Way Another interesting aspect of the report was that the largest percentage of charges – 42.8 percent of the...

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Employment Law Blog

IS JESSE PINKMAN ENTITLED TO OVERTIME PAY?

THIS POST CONTAINS SOME SPOILERS Jesse Pinkman has a lot of things on his mind, including an open DEA investigation and the violent death of everyone he’s ever loved.  Unpaid wages are probably not high on his list of priorities. Still, he may want to think about talking to an employment lawyer when the dust settles, as Jesse may...

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Employment Law Blog

Overtime Pay Basics

Everyone is Assumed to be Entitled to Overtime Pay Under the law, everyone is assumed to be entitled to overtime pay.   It does not matter how you are paid or what kind of work you do.  Even people who earn a salary are entitled to it.   Most all jobs that involve manual labor or clerical/administrative office work...

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Employment Law Blog

Severance Packages – Key Points for Every Agreement

A severance package is designed to ease your transition out of the company. Your employer wants to make sure you leave quietly and you want to obtain a cushion to hold yourself over until you find a new job. The points below are important to anyone trying to evaluate a severance offer.  If you need assistance, contact our lawyers today. 1. Understand the...

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Employment Law Blog

Non-Compete Agreements Do Not Apply to New York Workers Fired Without Cause

Fired workers in New York are not bound to non-compete agreements if they were terminated without cause. Non-Compete Agreements Void if Employee is Fired Without Cause Arakelian v. Omnicare Inc. concerned a Vice President of Business Development at a Fortune 500 healthcare company who was terminated after the company was acquired by Omnicare Inc.  As part of her severance agreement, the worker...

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Employment Law Blog

Retaliation at Work and How to Recognize it

Fear of retaliation at work prevents many employees from defending themselves against the abusive and illegal actions of their employers.   Many employees would rather put up with discrimination, a hostile work environment, or accept being misclassified as an independent contractor or salaried employee, than risk alienating an employer and possibly even losing their jobs by asserting their rights. A number...

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