Employment Agreements
Employment Agreements and Policies
Lewis & Hand attorneys have experience working with employers, executives and other employees on key issues related to employment agreements and policies. We offer flat fee rates and fee caps on a case by case basis. For an initial consultation to discuss your legal needs, contact Lewis & Hand, LLP today.
Services for Employees
- Review and negotiation of employment agreements and job requirements
- Review and negotiation of separation pay agreements and release/waiver of claims
Services for Employers
- Employment and consulting agreements
- Non-competition, non-solicitation and confidentiality agreements
- Employee handbooks and workplace policies
- New York State law developments and compliance
- Nonqualified deferred compensation federal tax law (Section 409A) compliance
- Employment arrangements in purchases and sales of business
- Change in control agreements
- Severance agreements
- Executive compensation
Flat fee, fee cap and other flexible billing arrangements available on a case by case basis.
Services For Employees
Are you considering accepting a new job but are concerned about signing the offer letter? Has your employer asked you to sign a non-compete or confidentiality agreement?
Lewis & Hand, LLP Employment Agreement lawyers can review your employment, inventions assignment, confidentiality and non-competition agreements and explain to you what you are giving and getting, and can point out which provisions are standard or non-standard and why, and importantly, which provisions are more likely or less likely to be enforceable. We can also help you negotiate changes to these agreements. If you have questions, our attorneys are ready to advise you on your rights regarding any other issues relating to your current employment situation or new job offer – including any requirements of your job applications (e.g., background checks).
Are you a recently terminated employee (whether fired, downsized or laid off) who has been given a short period of time to consider whether or not to sign (or whether or not to revoke) a severance or separation pay agreement and release/waiver of claims?
Lewis & Hand, LLP Employee Agreement attorneys can review your agreements and work with you so you understand exactly what benefits you will be getting, what rights you may be giving up in exchange, and whether the agreements are reasonable or unreasonable based on your particular job and circumstances. We will also work with you to help negotiate changes to the agreements to protect your interests. If you participate in stock option or other bonus or benefits plans, we will also review those agreements to make sure that you know whether you are receiving the full scope of benefits you may be entitled to before signing away any of your rights.
Services For Employers
Does your business use employment agreements for key employees or consulting agreements for independent contractors? Should it?
Lewis & Hand, LLP Employment Agreement attorneys can draft and negotiate new agreements, or review your existing form agreements, to help ensure that your business needs for attracting and retaining talent are being met. We strive to create agreements in “Plain English” so that both employer and employee understand what they are giving and getting, from the start of the employment relationship through termination and beyond.
Have you taken measures to protect your company’s valuable intellectual property and human resources – for example, by implementing confidentiality, non-disclosure and non-solicitation policies, and by having your key employees enter into non-competition (noncompetes) and inventions assignments agreements?
Lewis & Hand, LLP attorneys can work with you to develop agreements and policies that are tailored to protect your company’s trade secrets, proprietary information and other interests based on your particular business and industry. We will also work with you on implementing these policies and agreements in ways designed to maximize the likelihood of enforceability and minimize harm to employee morale.
Does your company have an employee handbook or other written employee policies? Have you considered whether your written and non-written practices are designed to minimize your exposure in the event of an employment dispute and are fully compliant with applicable local, state and federal laws?
Lewis & Hand, LLP lawyers can either develop new materials or review your company’s existing employee handbook, job applications/background check forms, employment severance and release forms, and workplace rules and policies (e.g., overtime pay, vacation, FMLA and other leave, employee email and privacy, disciplinary procedures), both written and non-written. We will propose any changes we view as required to bring these documents and practices into legal compliance, and will suggest improvements designed to put your company in the best possible position if it becomes the subject of an employee complaint. We can also assist you in developing appropriate training and communications materials to keep your employees up to date on the workplace policies that affect them.
Are you a New York employer? Are you up to date on the latest developments in state law?
Since 2007, all New York companies have been required to have written agreements with their commissioned sales people detailing how and when they are compensated. In additiona, as of October 2009, new hires must be given written notice of their rate of pay, regular pay date(s) and, if applicable, exact overtime rate. Lewis & Hand, LLP attorneys can work with you on documenting your existing arrangements to comply with the new state law requirements.
Is your company looking to expand by purchasing another business?
Lewis & Hand, LLP’s experienced employee benefits attorney can review the proposed target’s existing employment and severance arrangements to point out issues to consider in negotiating the deal. We can also work with you to draft, negotiate and implement new or replacement employment, severance and incentive arrangements to help keep key talent in place through the purchase date and beyond, as well as to ensure that any employee terminations that occur (whether planned or unplanned) are handled so as to minimize unexpected costs and other potential disruptions to your business.
Is there a possibility that your company may be sold in the future?
Lewis & Hand, LLP attorneys have extensive experience in designing and implementing awards and protections in the context of a sale of business for employees at every level. These awards and protections may take the form of individual agreements, company-wide severance pay policies, cash, equity-based (e.g. stock options, restricted shares, LTIPs, profits interests) or other bonus or incentive arrangements, as appropriate for your business needs. Lewis & Hand, LLP lawyers have represented businesses and individual executives at the most senior level in highly complex transactions and have a thorough understanding of the issues that are most important to your business and your compensation.
