Non-compete agreements in New York are typically rendered unenforceable if the person subject to the agreement is fired without cause. Non-compete agreements are disfavored in New York and will only be enforced if there is a legitimate reason. Courts have generally found that no legitimate reason exists if an employee is fired without cause. If the company decides to let...
Continue ReadingTHIS 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...
Continue ReadingEveryone 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...
Continue ReadingA 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...
Continue ReadingFired 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...
Continue ReadingFear 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...
Continue ReadingThe overtime pay laws are old and complicated and most people do not understand them. Many companies do their best to NOT explain the laws to their employees. Here is a list of 5 tricks with examples that companies use to cheat employees out of overtime pay: Trick #1. Working Off The Clock Some people are required to work...
Continue ReadingSeverance Package Negotiation Tips My dog Miller loves to play fetch on the beach. It struck me that playing fetch has some similarities to a severance package negotiation. In this video, you can see Miller playing fetch on the beach and I explain how a severance pay negotiation works. You can read more about severance negotiation tactics below the...
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