Representation of Employees & Employers
Every employee and executive should contact an attorney before signing any type of contract or agreement. In reality few do. At Arthur R. Lehman, LLC, we provide assistance in the review, revision, and negotiation of a variety of employment contracts, including:
- Non-compete agreements
- Non-solicitation agreements
- Confidentiality contracts
- Intellectual property contracts
- Severance agreements
Employees: If You Are Leaving Your Job
Our firm advises employees and executives on the validity of previously-signed employment agreements. You might have signed a formal employment agreement or confidentiality covenant, or might have agreed to honor confidentiality policies contained in your employee manual. If you want to leave your current employment and take a new job in the same industry, you must do so in a way that does not leave you open to a lawsuit. We can advise you on how to manage your departure from your current employment. We can also advise you on whether you can safely perform the duties of your new employment without violating your agreements.
Talented executives frequently have substantial stock option or restricted stock benefit plans. If you are recruited by a new employer and leave your current job voluntarily, it is likely that you will have to forfeit some or all of these benefits. It is important for you to negotiate a suitable benefit plan with your new employer that replaces the option or restricted stock that you will lose if you take the new job.
You have just hired a new employee who states that he or she is free of any conflicts with a former employer. But what happens if that employee has previously signed an employment agreement filled with restrictive covenants? If the employee is important to you, your best bet is to hire an experienced employment attorney to confidentially negotiate an agreement before the situation escalates or to fight the validity of the restrictive covenants in litigation.
When you want to protect your business interests, confidentiality, non-solicitation and non-compete agreements are an excellent option. A restrictive covenant in an employment agreement, however, is only good if it is enforceable. We have the knowledge and experience to draft employment agreements that stand up to a challenge.
If your business involves sales or technology, trade secrets and client relationships are some of your most valuable assets. If your employee leaves to work with a competitor and tries to bring his or her business or your trade secrets along, you have to move fast. A preliminary injunction is probably the first step you should consider to protect your business. If you don’t move quickly, your may even lose the opportunity to protect yourself. You may also have grounds to bring an action against the new employer of your former employee for tortious interference with your contract with your employee.
Finding the right employment lawyer is an important matter. We welcome the opportunity to further discuss my qualifications to represent you. Contact us today.