Individuals who work on contract have a distinct advantage over most other workers: Because they are not considered “at will,” they do have significantly greater job security than those who can technically be fired at any time for any (legal) reason.
However, while many contract workers are understandably concerned about the terms of compensation and the benefits they will and will not be entitled to receive, there are other important considerations to keep in mind. Many employment contracts include:
• Noncompete agreements
• Nondisclosure agreements
• Confidentiality agreements
In some cases, these can significantly restrict the employment options available to workers following the end of a contract. We can advise and counsel our clients regarding how best to proceed when a contract includes such restrictions.
Individuals who find themselves negotiating an exit from their position, or who are terminated and presented with a severance offer, need experienced legal help to ensure that what they obtain in compensation is not outweighed by the many restrictions that severance agreements include.
Among the questions our attorneys ask when conducting a severance review are:
• Will you be able to collect unemployment?
• Do you have a legal claim against your employer that would be waived by accepting a severance?
• Can you negotiate for extended health or other benefits?
• Does a severance proposal include noncompete agreements or other clauses that could restrict your future job prospects?
Tash Law Group’s attorneys understand that companies are typically not required to offer severance packages to their employees. However, many companies realize that offering an employment settlement agreement and general release of all claims is the best outcome for the employer and employee. From the company’s perspective, severance agreements can limit the employer’s legal liability. From an employee’s perspective who is at the end of the road with the company and thinking about quitting his or her job, an employment settlement agreement is often the best way to smoothly transition away from an unpleasant, unhappy or even illegal work situation.
If you have an issue arising out of an employment contract, or need assistance negotiating a severance agreement, please contact the attorneys at Tash Law Group, APC for a free consultation.
