New York City employers benefit from providing their employees with carefully constructed employment agreements. Employment agreements clarify the responsibilities, benefits, rights, obligations, and working relationship between the employer and the employee. When an employer does not provide a newly hired employee with an employment agreement, complicated and costly litigation could ensue. Employers need to ensure that their employment contracts are carefully structured and in compliance with relevant federal, state, and local New York City employment regulations.
At Lipsky Lowe LLP, we’ve successfully helped many business owners create legally sound employment agreements. As an employer, you won’t regret setting aside time to ensure that your business utilizes well-written employment agreements. Our attorneys can help you write an employment agreement that meets your needs and goals as a New York City employer.
Perhaps you’re facing litigation arising out of an employment agreement. Our skilled trial attorneys can help defend your company in employment agreement litigation. To discuss creating or updating your employment agreement, contact our New York City employment law firm today to schedule your initial consultation.
How Do New York City Employers Benefit from Employment Agreements
New York law recognizes the legal doctrine of at-will employment. In most cases, an employer or an employee in New York can terminate employment for any reason at all or no reason at all. One notable exception to the at-will employment doctrine involved discriminatory practices. An employer cannot terminate employment based on their employee’s sexual orientation, age, race, gender, or disability.
Employers may benefit from the ability to terminate an employee’s employment for nearly any reason. However, in some circumstances, an employer may not want their employee to terminate his employment. Perhaps a company has a valuable and productive employee. A company may have poured a significant amount of training and resources into the employee. In this situation, an employment agreement could override the ability of the employee to quit his job for any reason. For example, an employment agreement can list justifiable causes for termination and a minimum required length of employment.
Types of New York City Employment Agreements
New York City is home to a diverse range of employees and contractors. Depending on the nature of your business, you may need to maintain several different types of employment agreements. Our employment attorneys provide a range of employment agreements to companies located throughout New York to include the following:
- Employment Contracts
- Employment Agreements
- Independent Consulting Agreements
- Independent Contractor Agreements
- Severance Agreements
- Separation Agreements
- Termination Agreements
Employment Agreements for New York City Independent Contractors
The relationship between an employee and an independent contractor is different. An independent contractor is a self-employed person who provides services or goods on a contractual basis. Independent contractors do not regularly work for a company and receive payment on a freelance basis.
Does your company hire independent contractors to conduct work on behalf of your company? If so, your company should have a unique employment agreement to utilize when hiring independent contractors. Well-written independent contractor agreements may include the following provisions:
- The nature of the goods or services that the independent contractor will provide
- Any work deadlines with which the independent contractor must comply
- Specific terms stating when the independent contractor will receive payment
- Specific terms indicating the method of payment
- A confidentiality clause regarding the intellectual property rights of the work produced by the contractor
- A statement that the independent contractor has the necessary licenses or permits to carry out his or her work legally
- A termination clause
- A clause addressing the procedure for resolving a dispute between the company and the independent contractor
New York Non-Compete Agreements
New York companies often utilize non-compete agreements to protect themselves against unnecessary or unethical competition from a former employee. Employees who sign a non-compete agreement agree to refrain from working for a competitor for a specified period after the termination of their employment. Many companies invest a substantial amount of resources and training into their employees. Non-compete agreements can prevent an employee from quitting, starting his or her own company, and implementing trade secrets he or she learned while working for your company.
Your company’s non-compete agreements must be legally enforceable, or they are useless. New York courts often strike down non-compete agreements and refuse to enforce them. If any previous employee challenges his or her non-compete agreement, a New York court will use a factor test to determine whether or not to enforce the agreement. When courts consider an agreement to be a restraint of trade, it will not enforce the agreement. The skilled attorneys at Lipsky Lowe LLP can help you draft non-compete agreements in a way that complies with relevant employment laws.
Employee Severance Agreements in New York
Employment agreements often include provisions related to the severance agreement. A severance agreement protects the employer from a previous employee’s claims against the company. Severance agreements also reward the employee with money or assets in exchange for releasing the employer from possible liability. Well-written severance agreements are a useful tool for companies planning to lay off employees or downsize. The experienced employment law attorneys at Lipsky Lowe LLP can help you draft legally sound severance agreements with your goals in mind.
Contact Our NYC Employment Agreement Attorney for Businesses
The legal team at Lipsky Lowe LLP provides our clients with quality employment agreements tailored to their individual needs. Whether you are a small business or a large corporation, our skilled attorneys can review and modify or create new employment agreements that suit your needs.
The attorney who drafts your employment agreements needs to have an in-depth understanding of all relevant employment laws. Our New York City attorneys have experience litigating claims under all applicable employment laws. We have experience defending employers against all of the possible claims that employees bring against employers. Our employment attorneys use our litigation experience to preempt possible lawsuits when drafting employment agreements. Contact our New York City law firm today to schedule your initial consultation.