Tracey S. Bernstein, Esq

EXECUTIVE CONTRACT: SEVERANCE

Companies are often reluctant to grant an executive severance upon the expiration of the executive’s contract term. When negotiating an executive employment agreement under these circumstances, the fall back position is to eliminate the term completely and become an “at will” employee.

IS HR YOUR FRIEND? NO!

Yet, time and time again employees place too much trust in Human Resource (“HR”) personnel only to learn at a later time that it was a mistake to do so.

WHAT TO DO IF YOU GET FIRED

Getting fired is a painful experience that usually comes without warning and, sometimes, under suspect circumstances.  Depending on the length of the employment relationship and the manner of the termination emotions can often run amok.

NON-COMPETES: THE PRACTICAL RISK

Whether it is a new job or an existing one, you may be asked at anytime to agree to limit where you may work or what clients you may contact after your employment ends.  The question is not whether these “restrictive covenants” are enforceable but what effect will they have on your career.

CAN I NEGOTIATE OUT OF A NON-COMPETE

Your non-compete is negotiable even after you have signed it and spent years working for your employer. Non-competes are negotiable because they are only enforceable in limited circumstances, expensive to enforce and the court will most likely edit the time and scope of your non-compete anyway after your employer has spent considerable money to try […]