Q: If my employer wants me to sign a non-compete agreement, what do you advise? My advice is to talk to an experienced employment attorney regarding any California non-compete agreements. While unenforceable in California, employers are getting wise in terms of how they craft their agreements. For instance, if there is an employer who is […]
Nondisclosure Agreements and Trade Secrets
California nondisclosure agreements aid in preventing the disclosure of confidential and proprietary information, including trade secrets. What constitutes a trade secret? A trade secret refers to confidential and proprietary information that encompasses valuable business knowledge, including formulas, processes, techniques, or any other data that gives a company a competitive advantage. It encompasses information that is […]
Independent Contractor Agreements
Often, we draft or review independent contractor agreements, which are similar to employment agreements. Many companies prefer to hire independent contractors rather than employees because it is cheaper. However, there is danger in doing so in that if the contractor is found to be an employee (by the courts or a governmental agency) the employer may […]
Severance Agreements for Executives
We have reviewed a large number severance agreements for executives, and we have represented certain executives when they have started at one company, moved to a different company, and on and on. My advice to them is always the same: “Let’s try to negotiate things up front before there is a problem.” Usually, with executive-level […]
Severance Agreements
At Shea & McIntyre we have experience with severance agreements. Usually, the primary issue brought to us is how much money an employee can get. They’ll say, “My company just terminated me. They’re offering me this severance agreement, but I think I’m entitled to more. How do we get more?” Our response usually is, “We […]
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