Lewis & Hand attorneys have experience working with employers, executives and other employees on key issues related to employment agreements and policies.
Services for Employers
Services for Employees
Does your business use employment agreements for key employees or consulting agreements for independent contractors? Should it?
Lewis & Hand 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 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 attorneys will meet with your human resource or management staff and will 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 - for example, do you have written commission agreements for your sales force? Starting in October 2007, New York companies are required to have written agreements with their commissioned sales people detailing how and when they are compensated. Lewis & Hand attorneys can work with you on documenting your existing arrangements to comply with the new state law requirements.
Does your company pay severance to employees, include severance provisions in employment agreements, pay compensation under bonus plans or special retirement or incentive plans that apply only to a select group of employees? Have you considered whether any of these arrangements are "nonqualified deferred compensation" plans that could expose your employees to substantial tax penalties if you do not comply new federal tax code Section 409A? Although the deadline for getting many documents in order has been extended, there are still requirements that need to be met today. This law potentially applies to all levels of employees, not just executives, and there is no exception for small businesses. Lewis & Hand attorneys can work with you to quickly identify whether your company's arrangements are subject to this new law, and can make recommendations on what you need to do to get your documents and company compensation practices into compliance if there is any risk of exposure.
Is your company looking to expand by purchasing another business? Lewis & Hand attorneys 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? Have you considered entering into change in control and other retention or severance arrangements to ensure that you and your company's valued employees will be rewarded for your contributions, and if a sale is in the near future, to keep your key talent motivated to stay with the company through the transition? Lewis & Hand 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 attorneys 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 your business and compensation.
Services For Employees
Are you considering accepting a new job but are concerned about signing the offer letter or other paperwork? Has your employer or potential employer asked you to sign a noncompete? Lewis & Hand attorneys can review your employment 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. We will also help you negotiate these agreements - either by engaging directly with company counsel or by coaching you on talking points and how to argue persuasively for changes to the documents. We can also advise you on your rights regarding any other issues relating to your job or 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 attorneys can review your agreements and work with you so you understand exactly what rights you are giving up in exchange for what benefits, and whether the agreements are reasonable or unreasonable based on your particular circumstances. We will also work with you to negotiate any changes to the agreements where the provisions are unfavorable to you, either by engaging directly with company counsel or by coaching you on how to negotiate with your employer. If you participate in stock option or other bonus or special 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.
Please note that Lewis & Hand attorneys are not labor lawyers or employment litigators and will generally not be able to help you with your discrimination, disability, union or other employment claims and disputes.
