New York is an at-will state. If the employee does not have a contract entitling her to continued employment for a period of time and/or setting forth grounds necessary for termination, and if no discrimination is involved and the law is not otherwise violated, an employer can discharge an employee at any time for any, or no reason.
Continue readingDoes an Agreement Have to be in Writing to be Enforceable?
Must your agreement be in writing to be enforceable? The answer is: Yes. Or no. In the world we live in, we make agreements with other people, with companies, and with other businesses. Sometimes they’re formal and in writing, but other times (in the real world), they are not. Can that agreement be enforceable if it’s not in writing? It could be. If it is in writing, is it foolproof?
Continue readingShould I Agree to Arbitration? Part 1
People unfamiliar with the various forms of alternative dispute resolution often ask the difference between mediation and arbitration. In addition, they often want to know the difference between arbitration and a traditional lawsuit—meaning, going to court.
Continue readingNon-Compete Clauses: A Thorny Issue for Job Candidates and Companies—and Attorneys
here are risks involved in non-compete agreements, which are often part of an employment contract, and employees and employers should be aware of them. There are many legitimate reasons why an employer may want to include a non-compete agreement in an employee’s employment agreement.
Continue readingLook before you leap!
Very often, individuals and companies are presented with documents that they are required to sign in order to obtain a service, purchase goods or engage in a transaction. Unfortunately, these contracts can be lengthy, written in small print, and/or written in “legalese.”
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