Did you sign a non-compete agreement with your employer when you started the job and now want to knave the company? You are not alone. Most employees sign non-compete agreements without consulting with an employment attorney. You are bound by the terms if the non-compete agreement, but there are still some options.

First, the non-compete agreement may not be legally valid in your state. Second, you may be able to negotiate with your employer to release you from the non-compete or reduce the terms. Third, the non-compete may contain language that will actually allow you to work for a competitor. Please contact our NJ non-compete lawyers to review your non-compete agreement. We can help advise you on your decision to accept a new job offer. We can also help negotiate with your employer to either release you from the non-compete or change the terms.

Dated: May 24, 2010 - Castronovo & McKinney, LLC - NJ Non-Compete Lawyers

Tips regarding Severance Offered the Day of Your Termination

Employers sometimes offer severance packages to the employee during a termination meeting. Most employer's allow the employee to take the severance agreement home to review and let the termination settle in before the employee makes a decision regarding severance.  However, some employers request that the employee sign the severance agreement on the spot without the employee having the ability to thoroughly review the severance package and discuss it with their attorney, accountant or spouse.  In situations like that, we receommend the following:  (1) stay calm during the termination meeting; (2) don't sign anything and ask that you be able to take severance agreement home to think about it; (3) ask your employer how much time you have to get back to them regarding the severance agreement; and (4) contact an employment lawyer to discuss the terms of the agreement and help you negotiate better terms.

Dated: May 22, 2010 - Castronovo & McKinney, LLC

 

 

New Jersey employment law requires employers to provide reasonable accommodations for an employees disability.  An employer is required to accommodate a disability unless it would impose an an undue hardship on the operation of the business.  New Jersey Law  requires an employer to make a "reasonable accommodation to the limitations of an employee ... who is a person with a disability."  An employer can be excused from making the accommodation if the disabled employee  cannot perform the essential function of the job even with reasonable accommodation.

If your employer has denied you an accomodation or if you were terminated as a result of your disability, please contact our NJ Disability Discrimination lawyers for a free consultation.

Dated: May 19, 2010 - Castronovo & McKinney

A good employment law case in New Jersey (NJ) can quickly become a bad case due to certain mistakes made after the discrimination, harassment or retaliation occurred.  You should avoid the following 3 things in order to maintain your employment case in New Jersey:

1. Don’t Quit Your Job Before Your Speak With An Employment Lawyer. Contact an employment law attorney before you quit your job.  New Jersey’s Law Against Discrimination generally requires that there be an adverse employment action (termination, suspension, demotion, etc.) or that you were constructively discharged.  Constructive discharge is very difficult to prove and you are required to demonstrate that the work environment was so intolerable that a reasonable person would resign.

2. Don’t File A Complaint With the DCR or EEOC Without a Lawyer. Contact an employment lawyer to discuss whether you should file with the DCR or EEOC.  You are not required to file with either the DCR or EEOC in New Jersey pursuant to the New Jersey Law Against Discrimination.

3. Hire An Employment Law Specialist. Selecting the right lawyer is very difficult and you should consult with a couple of attorneys before making your decision.  During your selection process, you should determine whether the lawyer is a specialist or a generalist.  For example, does the lawyer handle multiple different practice areas or does the lawyer focus on only employment law.  Employment law is a very specialized field and requires a significant amount of knowledge regarding the facets of changing case law and statutes.

Dated: May 18, 2010 - Castronovo & McKinney, LLC - NJ Employment Lawyers