Arthur R. Lehman, L.L.C.

April 2016 Archives

Understanding the new family leave regulations

In order to ensure one's rights are being protected, it is essential to keep up with changing employment regulations. New York saw some major changes in employment law, passed late last month but not set to become enforceable until a couple of years down the line. However, for those employees who are planning families in the state, the changes could make a huge difference.

What do I do if an employee breached a confidentiality contract?

Employers in New York and across the country work hard to find, recruit and retain employees. They go through a number of interviews and candidates to select someone who would fit in with their working environment and flourish in and contribute to the company. They spend money and time training the employee and give the employee certain confidential information about the company. Whether it is a client list, a recipe or a formula, during their employment, the new employee becomes a trusted member of the team, which generally means a confidentiality contract has been signed by the parties.

Basics of a confidentiality agreement

As mentioned previously on the New York City Business and Commercial Law Blog, there are various methods companies utilize in order to protect the investment they make in their employees and in their products. When it comes to employees, the method discussed previously was the non-compete covenant, whereby employees are prohibited from engaging in certain types of employment for a specific period after their employment comes to an end. As mentioned previously, these provisions must be reasonable and the courts have various gauges for this. Another way employers can protect their confidential information is through an employee confidentiality agreement.

Is a non-compete covenant ever enforceable?

In today's job market, when someone is offered a job, they jump at the opportunity to become an earning member of society again. However, before accepting the offer and signing the contract, New York residents should carefully review their contracts to ensure there are no future bases of employment litigation against them. According to one report, there has recently been a 60 percent increase in the number of ex-employees being sued for breaching non-compete clauses by their previous employers.

Is there a time limit for filing a lawsuit related to a contract?

As mentioned in last week's post, the Office of Administrative Trials and Hearings denied a complaint in New York because it was not filed within the allotted time frame. This brings to light a very important issue-time limits for filing lawsuits. The law that governs this is known as the Statute of Limitations-these laws set time limits on how long a claimant has to file a lawsuit, whether civil or criminal. It differs from not only from the legal claim and whether the matter is civil or criminal, but also from state to state.