New York Labor And Employment Law Report

New York Labor And Employment Law Report

Category Archives: Employment Contracts

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Adding Inevitability to the Often Disfavored Inevitable Disclosure Doctrine

Posted in Employment Contracts, New York Law
In a prior blog post, we used the Star Wars Universe as the backdrop for a discussion about obtaining a preliminary injunction in the context of a noncompete agreement.  But we left a discussion of the inevitable disclosure doctrine for another day.  Today is that day. By way of background, the inevitable disclosure doctrine typically… Continue Reading

How Would a Noncompete Hold in the Star Wars Universe?

Posted in Employment Contracts, New York Law
The following article was first published in Employment Law 360 on February 24, 2016. Being both an employment law geek and a “Star Wars” geek, I can’t help but watch the “Star Wars” movies through the troublesome lenses of my employment lawyer glasses, nor can I practice employment law without various “Yodaisms” running through my… Continue Reading

New York Court of Appeals Advises Employers to Take Time to Present Restrictive Covenants to New Employees

Posted in Employment Contracts, New York Law
It is not uncommon for employers to present restrictive covenants, such as non-competition, non-solicitation, or confidentiality agreements, to new employees in a stack of orientation paperwork.  A recent case from New York’s highest court reminds employers not only that it is important to narrowly tailor restrictive covenants, but also that it is worthwhile to take… Continue Reading

Recent Fourth Department Decision Provides Guidance on the Enforceability of Restrictive Covenants

Posted in Employment Contracts, New York Law
On February 7, 2014, the Appellate Division, Fourth Department, issued a significant decision regarding restrictive covenants.  In Brown & Brown, Inc. v. Johnson, the plaintiffs terminated the defendant-employee and then sued her for violating non-competition and non-solicitation provisions in her employment agreement, which contained a provision stating that Florida law would govern.  The Fourth Department considered… Continue Reading

Recent Court of Appeals Decision Underscores the Importance of Written Employment Offers

Posted in Employment Contracts
A recent decision by New York’s highest court highlights the value to employers of initially setting forth the terms of employment in a written offer letter.  In Ryan v. Kellogg Partners Institutional Services, the New York Court of Appeals upheld an award of $380,000 for an unpaid wage claim and attorneys’ fees, principally because the… Continue Reading

Recent Decision Illustrates the High Standard for Obtaining Preliminary Injunctions to Enforce Non-Competition Agreements

Posted in Employment Contracts
Last week, the Second Circuit Court of Appeals affirmed a Southern District of New York decision denying IBM Corporation’s application for a preliminary injunction to enforce a broad non-competition agreement and to prevent a former high-level executive from working for Hewlett-Packard.  The case illustrates the high standard under New York law to obtain preliminary injunctions to enforce non-competition… Continue Reading

Jury Waivers: A Viable Alternative to Arbitration Agreements

Posted in Arbitration, Employment Contracts
Over the past couple of decades, there has been much debate over whether arbitration agreements can be used to prevent employees from asserting discrimination and other employment-related claims in court. Lost in this debate, however, is a simpler and perhaps more reliable means of managing an employer’s risk: a jury waiver. A jury waiver is nothing more than… Continue Reading

Including the Right Language in an Offer Letter Can Pay Significant Dividends Later

Posted in Employment Contracts
Often the simplest and most straightforward cases serve as helpful reminders of best practices. This is certainly true of a recent federal court decision applying New York contract law and the New York Labor Law ("NYLL") to a claim for bonus compensation. In that case, including the right language in an offer letter made it easy for the court to dismiss the claims.… Continue Reading