Employment Agreements

Employment Agreements and Severance Agreements

The employment relationship is, ultimately, an economic agreement between employer and employee, in which each shares rights and obligations that relate to the terms and conditions of employment. An experienced employment lawyer can protect these rights and interests. The Harman Firm, LLP offers aggressive and resourceful representation when it comes to negotiating, preparing and litigating employment contracts and severance agreements, especially in the New York metropolitan area’s public relations, technology, and marketing communities.

NYC Employment and Severance Agreement Lawyer

An employment agreement or employment contract will involve a variety of rights and responsibilities, including detailed provisions related to separation packages, employee layoffs, confidentiality agreements, indemnification clauses, dispute resolutions and severance clauses. Conveniently located by Madison Square Park, The Harman Firm, LLP, Attorneys and Counselors at Law, can help employees achieve their goals by assisting in drafting and reviewing employment agreements. If necessary, we are prepared to litigate on behalf of our clients to enforce the agreements they entered into with their employers. Without the assistance of an experienced lawyer, the rights of employees—including executives and managers—can be put at risk.

Whether written or implied, employee contracts and severance agreements may concern health benefits, vacation and sick leave, employment grievance procedures, and employees' rights even after leaving the job. Unlike an employment agreement, a severance agreement is entered into by a departing employee and their employer. Typically, severance agreements will contain a number of provisions, including the release of the employer from liability in future lawsuits and certain covenants on the employee in exchange for a separation package.

Non-Compete/Non-Solicitation Agreements

Employment contracts will often contain restrictive covenants, which include non-compete provisions and non-solicitation clauses.

In broad terms, covenants not to compete are legally permissible in order to protect the employer from unfair competition from its former employees, so long as the restriction on the employee is not unreasonable. The reasonableness of a non-competition covenant, non-solicitation covenant, or any other type of restrictive covenant, whether standing alone or as part of an overall employment agreement, will be judged on more than just its duration, scope, and geographic restrictions. All such clauses must be consistent with the overriding public policy that restrictive covenants should not unnecessarily restrict free trade or the ability of an employee to practice his or her particular trade, and its effect upon the general public.

In order for a non-compete agreement to be enforceable it: (1) must be necessary to protect the parties’ legitimate interests, (2) it must cause no undue hardship on the former employee, and (3) it must not impair the public interest.

If you believe you have a non-compete agreement that is injurious to you and/or your employment, or if your employer is trying to enforce an unfair non-compete agreement, you should consult with our team of skilled lawyers to weigh your legal options.

Commission Agreements

Employees in certain fields such as sales and other commission-based occupations are often subject to the terms of a contract between them and their employer. These contracts generally cover the terms of commission: how a commission payment is derived, when a commission payment is due, whether an employee will be entitled to a commission-based bonus, and other such terms.

The New York Labor Law provides commissioned workers with a variety of legal protections. The Harman Firm is prepared to assist commissioned workers with securing the compensation to which they are due. Furthermore, pursuant to statute, an employee who prevails in his action to recover commissions earned pursuant to his employment contract is entitled to an award of reasonable attorney fees, court costs, disbursements, and liquidated damages.

New York Employment Attorneys Blog - Employment Agreements