EMPLOYMENT AND BUSINESS DOCUMENTS
Build and negotiate the documents that govern your company and career.
Employment and business documents address a host of critical issues – from the scope and terms of your services and compensation, to competition and intellectual property concerns, to dispute avoidance and contract litigation.
Employment documents include offer letters and new agreements when someone joins a company. They also include handbooks and stand-alone policies for your workplace, which must be amended and updated to reflect new laws and developing company culture. Employment documents also consist of separation and release agreements between a business and its departing workers.
Business documents include all the arrangements a company may have with its customers, clients, vendors, suppliers, landlords, and other industry partners.
How we help employers
We help companies build strong contracts that allow business to grow and thrive.
We work with you to understand your circumstances and industry. That allows us to tailor your documents to meet your specific goals and protect your particular interests.
Contract customization is especially required when attempting to enforce important protections such as non-compete agreements and non-solicitation agreements. Such restrictions can be a critical tool for employers to protect their business and their staff. However, they are usually “disfavored” by courts, which may look to whether the restriction broadly prevents competition, lasts too long, covers too large a geographic area, or unfairly prevents an employee from earning a living. Restrictions that are not narrowly tailored to protect a legitimate business interest may be held unenforceable – and the company may lose its protections.
For clients that already have contracts in place, we audit and improve your documents. Sometimes existing terms are incomplete or inadequate. Other times, even well-drafted agreements must be updated to reflect business developments or changes in law, including new statutes or developing case law.
How we help employees and independent contractors
We provide employees (including executives) and contractors with a trained eye to review employment contracts so you can start your new job confidently, with a strong understanding of your rights and obligations.
We also help you protect your options when you leave. We have the experience and ability to negotiate a smooth transition, or advise you as to your workplace rights if your departure gives rise to a dispute.
Employees must pay special attention to the non-compete, non-solicit, and non-disclosure agreements that restrict how you behave during and after your employment term. A confidentiality provision that is too restrictive may hinder your search for a position with a subsequent employer. Non-solicit or non-compete provisions that last too long, or that cover too broad a geographic or subject matter area, may interfere with your ability to make a lucrative career advancement, obtain a desired new job, or even sustain a livelihood.
The validity of these covenants depends on the state law that governs the agreement as well as a legal assessment of the facts and circumstances specific to your employment situation. We help our clients understand the consequence of these important restrictions, and negotiate language that will minimize the limit on their ability to pursue their chosen careers.
We also work with clients who have already agreed to such covenants. We counsel employees as to the best course to avoid violating their restrictions. We also advise our clients as to their options in challenging the enforceability of such restrictions, either through informal negotiations or through litigation or arbitration proceedings.