Category Archives: New York

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New York Appellate Court Declines To Enforce Non-Compete Agreement Against Employees Terminated Without Cause

It should come as little surprise to employers that the New York courts take a skeptical view of non-compete agreements between employers and employees. Consistent with this view, a New York State appellate court recently confirmed what many, including prior authors of this blog, already understood: in New York, any employer who terminates an employee … Continue Reading

New York Employers’ Use of Non-Competes in Jeopardy?

New York Attorney General Eric Schneiderman has promised to introduce a bill that would restrict New York employers’ use of non-compete agreements for certain non-highly-compensated employees. The proposed legislation would (i) ban the use of non-competes for employees who earn less than $900 per week; (ii) require employers to pay additional monetary consideration in exchange … Continue Reading

Not Quite Fun in the Sun: What Happens to Accrued Vacation Leave When the Employment Relationship Ends

Part Two: State-Specific Provisions and Employer Policies for Vacation Payout at the Conclusion of Employment In states that allow “use-it-or-lose-it” vacation leave policies when employment ends, the details of your policy are key. This second installment of the two-part series on vacation leave payout explores the state-specific provisions for leave forfeiture, and the importance of an … Continue Reading

If It Seems Like Florida’s Restrictive Covenant Statute Is Too Good to Be True…That’s Because It May Be

When it comes to the principle of freedom to enter into contracts, “freedom’s just another word” for “as long as you don’t bump up against a more important legal principle.” Indeed, the “freedom of contract is a qualified and not an absolute right.” Chicago, Burlington & Quincy R.R. Co. v. McGuire, 219 U.S. 549, 567 … Continue Reading

Does a Termination Without Cause Mean Termination Without a Non-competition Agreement?

When At-Will Employment May Not Be the Employer’s Friend  Employers generally embrace the at-will employment doctrine. The right to terminate employees for any or no reason and with or without notice may sound appealing to you if you are an employer. In New York, however, there is an added wrinkle: When terminating an at-will employee without cause, … Continue Reading