Many New York employers require prospective or existing employees to sign non-competition agreements. These documents, often signed as a condition of employment, prevent a departing employee from seeking other employment opportunities within the described field until an agreed-upon amount of time has passed.
While people may know that New York is an at-will employment state, meaning employers may terminate workers at any time and for any reason, they may not be aware that there are limits to this rule. If an employer has entered into a written or an implied contract of employment with the employee, the employer will then be limited to its terms.
As many professional in New York have already discovered, some businesses require their employees to sign a non-competition agreement as a condition for employment. Such agreements prevent employees from contributing to a business' competitors in a given industry for a duration of time stipulated in the agreement. This time period may extend beyond the employees tenure with the business.
When an employee is hired, that person may be required to sign a contract with the employer. While some portions of an employment contract are standardized, it may be possible to customize a contract if necessary. Common clauses added to an employment contract may be a no compete agreement or a confidentiality agreement. Other common clauses may include a best efforts clause or a no further compensation clause.
The concept of a global economy is not necessarily new. When it comes to employment law, difficult issues can arise for many workers as an employer may present an employment contract that involves provisions that are governed by laws in other states. In today’s economic landscape, a worker may live and work in one state, while the employer is in another state.
A cheerleader on the West Coast has pulled out the yellow flag and is calling a penalty over wages. While her claim is not being brought under New York or federal laws, the story is a timely reminder of age and hour laws that are aimed at protecting workers from being cheated out of wages. Earlier this month we discussed the increase in recent wage and hour disputes that have been cropping up across the country.
A former equipment manager for the Buffalo Bills says that beginning in 2010, after a shift in management of the team occurred, the former manager was forced to endure two years’ of harassment over his age. The man had been with the football franchise for 37 years before he was let go. He has filed an age discrimination lawsuit against the Bills in a court in New York.
Employment contracts can come in a wide variety of occupations. While many jobs have no express written contract, there are many others that involve a contractual agreement. The issues are generally included in an effort to define an employment relationship that can be used to modify general employment principles in a state. But, sometimes disputes over employment contracts can head to litigation.