One of many disturbing practices that has come to light in the #MeToo movement is the use of confidentiality and nondisclosure agreements (NDAs) to settle sexual harassment cases. The victims are given money in a settlement in exchange for signing an agreement that they're told forbids them from disclosing the harassment. These agreements have allowed powerful men to keep their jobs and reputations and continue to harass women.
You're thinking about accepting an offer from another company that would mean more money and seniority or perhaps the chance to get in on the ground floor of an exciting new enterprise. However, you're concerned about that non-competition agreement you signed back when you were hired by your current employer.
If you've been offered a severance package upon losing your job, you're likely relieved that at least your income and benefits will continue for some time as you look for another job (or take a long-needed vacation).
When you first landed an interview for a job in your chosen career field, you may have felt excited and apprehensive. You, and most other working-age individuals, understand that job searching can prove time consuming and difficult, especially when looking for a position in a specific industry. Because of your excitement and readiness to start a new job, you may have agreed to stipulations without giving them much thought.
There's been a lot of media buzz lately around nondisclosure agreements (NDAs). Unlike the ones in the headlines, most NDAs are created by businesses to keep sensitive or proprietary information confidential.
When an employer makes you a severance offer, you may have a number of competing reactions. On one hand, many employees fear termination from an employer, especially if they face difficulty transitioning into another job. On the other hand, severance pay often feels like a windfall when it occurs, sometimes blinding an employee to unfair terms in the offer.
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.
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?
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.
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.