Contract, No Compete Clauses, Severance Pay
Though most employers are not required to pay severance pay upon termination of an employee, in certain situations an employer may be contractually obligated to make severance payments, and in others, it may be otherwise beneficial for an employer to do so, regardless of any legal requirement.
Further, it is not uncommon for employers to require an employee to sign a contract upon employment wherein the employee promises not work for any other employer, or otherwise conduct the same type of business both during and for a time after his or her employment with the employ. Additionally, these contracts often contain confidentiality clauses.
Generally, if properly drafted and in the proper circumstances, such agreements are legal and enforceable. However, in order for such an agreement to be valid there are a number of requirements and other limitations and additions that must be included into such an agreement in order for it to be legally enforceable. These requirements are often complicated and ever changing by case law. Thus, would not be unusual if the non compete agreement your employer made you sign is invalid and/or otherwise unenforceable. Of course, for someone wanting to continue on working for a competitor (or even in the same industry in some cases) it is important to have a lawyer who is fully knowledge on the in outs of non compete agreements, as well as non disclosure clauses, as the consequences for breaching such an agreement that is actually legally enforceable are severe.
Ryan Scott Nalley is experienced at negotiating severence pay and other contract disputes, and is extremely knowledgable as to the often complex legalities surrounding non compete clauses, non dislosure agreements, and employment contracts in general.
If you have recently resigned or been terminated from your employment and have questions, or are facing threats of litigation, or want an advocate to negotiate on your behalf, or simply wish to know what your rights are in such situations, call Ryan Scott Nalley today at:
773.621.6809
or emai
