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employment agreements Archives

Are noncompetition agreements fair?

In many industries and job sectors, employees expect to receive some form of noncompetition agreement at some point during their time with a company or as they exit. Whether or not they are commonplace, are such noncompetition agreements justifiably fair to the employee? To some degree, this question spend on individual priorities and perspectives on employment law, but in the legal sense, viable noncompetition agreements must meet three standards.

Your employer may owe you back pay for employee misclassification

Employers bear a responsibility to employees to classify them correctly and pay them appropriately according to overtime protections. However, many employers misclassify employees, denying them benefits they deserve under the law. If your employer classifies you incorrectly, you may not receive proper overtime pay. Are you owed back pay by an employer who misclassified you, or is currently misclassifying you as exempt from overtime?

Do I have to answer all questions in an interview?

Searching for a job can feel like a Herculean task in many job markets these days. For some job searchers, it can become difficult to know just what is reasonable to submit to as part of the interview process, especially if an employer begins to ask questions that seem unrelated to the job prospect at hand. While many potential employees are willing to divulge just about any personal information out of desperation for employment, an employer may actually be seriously overstepping the bounds of what is acceptable to ask.

Not all non-competition agreements are enforceable

As an employee, you may get handed a non-competition agreement as part of your employment contract or as a component of a severance agreement after an employer lets you go. Non-competition agreements are common, and employees regularly overstep their bounds in the terms they place in these agreements. The reality of the matter is that just because an employer places certain terms in a non-competition agreement doesn't mean that the terms are actually legally sound or even enforceable.

Arizona's new sick leave law has surprising results

Arizona's paid sick leave law recently took effect, but there are many questions about how it really works. While many see the new law as a win for employees rights, companies still retain a number of rights over the leave and how it can be used. One such issue that caused questions for many employees throughout the state is the difference between sick leave and paid time off, and how to differentiate between the two.

Should I accept a severance offer?

In this day and age, getting offered any kind of severance package can feel like winning the lottery. However, when an employer offers you a severance agreement, you should always examine the terms to ensure that you're not missing out on benefits you might deserve. If you recently were offered such an agreement, be sure you understand everything you're getting and everything you're giving up before you accept it.

Non-compete vs. exclusive employment clauses

Employment contracts are a complicated matter and should receive very specific attention before you sign one, regardless of the employer. Often, when a person receives a job offer from a particularly desirable employer, he or she may want to accept a job before fully understanding the contract in from of him or her. Two elements of employment contracts that can lead to litigation later on if not properly understood are non-compete and exclusive employment clauses.

Non-disclosure agreements are negotiable, too

Non-disclosure agreements (NDAs) have become commonplace in the business world, but, just like any contract, you should always know exactly what you're signing and why. Many employers may seek to have you sign an unnecessarily strict NDA that goes well beyond protecting their own interests into hampering your career options after you part ways. With some professional legal guidance, you can evaluate and negotiate an NDA before you sign on the dotted line.

Appeals court ruling strengthens non-solicitation agreements

One common concern for many employers is finding functional ways to compel their employees to abide by non-compete agreements, which can be very difficult to enforce. To this end, many employers choose to employ more specific non-solicitation agreements, which specifically seek to keep an employee from bailing on the company and taking clients with them. However, even these more specific agreements have their weaknesses, which many employees or potential employees may seek to circumvent.

Beware of a severance agreement you don't understand

Have you ever known someone who will sign his or her name to a dotted line when asked to do so, without actually reading the document? Many people in Arizona and across the nation have wound up facing terrible legal complications after adding their signatures to documents they didn't fully understand. A lawfully signed contract becomes enforceable by law; therefore, it is crucial to have a full understanding of all obligations and restrictions contained therein to avoid negative surprises later.