Employment contracts, independent contractor agreements, and workplace policies for employers and employees
Yes. Employment contracts contain provisions with long-term consequences including non-compete restrictions, intellectual property assignments, arbitration clauses, and termination terms. An attorney can identify unfavorable provisions, negotiate better terms, and ensure you understand your obligations before signing.
New York courts enforce non-competes only if they are reasonable in scope, duration, and geographic area, and protect a legitimate business interest such as trade secrets or client relationships. Courts regularly strike down overly broad non-competes. Recent legislative trends have further restricted their enforceability.
The distinction depends on the degree of control the hiring party exercises over how work is performed. Employees receive benefits, have taxes withheld, and are protected by employment laws. Independent contractors control their own methods and schedules. Misclassification can result in significant penalties for employers.
Yes. Severance agreements typically require you to waive significant legal rights, including the right to sue your employer. An attorney can evaluate whether the offer is fair, identify claims you may be waiving, negotiate better terms, and ensure the agreement does not contain harmful provisions.
Yes. Most employment and severance terms are negotiable. Common negotiation points include compensation, bonus structure, equity, non-compete scope and duration, severance pay, benefits continuation, and post-employment restrictions. Having an attorney negotiate on your behalf often results in significantly improved terms.
A compliant handbook should cover anti-discrimination and harassment policies, at-will employment acknowledgment, leave policies (FMLA, NY Paid Family Leave, sick leave), workplace conduct and disciplinary procedures, confidentiality obligations, social media policies, and complaint reporting procedures. It must comply with federal, state, and NYC requirements.