As the calendar flipped to 2023, the Federal Trade Commission proposed a rule to essentially ban non-compete agreements nationwide, referring to the use of these agreements as an “often exploitative practice that suppresses wages, hampers innovation, and blocks entrepreneurs from starting new businesses.” Now, the Minnesota Legislature is getting in on the act. Earlier in February, more than a dozen DFL House representatives introduced Bill HF … [Read more...]
Are Confidentiality and Nondisparagement Clauses Enforceable?
In exchange for providing an employee with severance or separation pay, employers commonly require that an employee not disparage the company after the employee’s exit and that the employee keep the terms of the agreement confidential. If an employee speaks badly about the company despite the existence of a nondisparagement clause or tells others about how much severance he or she received, the employee exposes him or herself to … [Read more...]
Are you part of a mass layoff? Know your rights and your employer’s duty to WARN.
For employees who have been recently terminated as part of a mass layoff, they may feel as though their best options are to cut ties and move on from their former employer. Even where there may be dozens of former colleagues who are in the same boat, employees must remember that they still have rights when it comes to losing their position as part of a large scale layoff. The WARN Act The Worker Adjustment and Retraining Notification (WARN) … [Read more...]
Key Considerations for Executives Negotiating Employment Agreements
Executives should expect to enter into an employment agreement when they start a new role. When reviewing the employer’s proposed agreement, executives should focus on the following. 1. Make sure the compensation is clear. You can’t know if you are being compensated fairly if you don’t know what you are being compensated. The agreement should clearly identify each aspect of the executive’s compensation. This can include salary and benefits, … [Read more...]
Should you sign a severance agreement? Ask an attorney, not the internet!
When losing your job, immediately signing a severance agreement may feel like a good idea. The dreaded moment has arrived: you find yourself sitting across the table from your Human Resources manager, and they have just informed you that you no longer have a job. You feel sick to your stomach as questions race through your mind: “Are my savings ready for unemployment? How am I going to get health insurance? Why is this happening to me?” As … [Read more...]